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COPYRIGHT DEPOSIT. 



























A STUDY OF r;? 

'+* *)<* m i i,m. 

CIVIL GOVERNMENT ?? 


WITH SPECIAL REFERENCE TO OKLAHOMA 

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BY 

CHARLES EVANS. B S. 

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SUPERINTENDENT CITY SCHOOLS. ARDMORE, OKLA 

AND 

CLINTON O. BUNN 

OF THE ARDMORE, OKLAHOMA BAR. 

COMPILER ' CONSTITUTION AND ENABLING ACT 
OF THE STATE OF OKLAHOMA 
ANNOTATED AND INDEXED 



BUNN BROTHERS, PUBLISHERS 
ARDMORE, OKLA. 



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COPYRIGHT 1 908 
BY 

CLINTON ORRIN BUNN 









PREFACE. 

We believe this book lias many strong* features which 
will commend it to the schools of Oklahoma and the 
union. 

First, it is Oklahoman, yet American. The conviction 
that our new state constitution is the best in the union 
is fast becoming settled, and in the consideration of state 
government it has been given a prominent place and ex¬ 
haustively treated. The national government, however, 
has been elevated in the pupil ’s view as the supreme law 
of the land. 

Second, it is adapted to every factor of the school: 
the pupil, the teacher and the home. To the pupil it is 
inductive, outlined, clearly indexed and annotated. In 
style it is simple aud explanatory. <• 

Too often in building a text we fail to clothe the skele¬ 
ton of drv fact with the flesh and blood of human inter- 
est. We have earnestly striven to avoid that mistake 
here, and if we have done so we have especial claim to 
consideration at the hands of those who are seeking to 
build well for the public-school child. 

It follows that to the teacher it extends the same vir¬ 
tues afforded to the pupil. 

To the- home it pays especial tribute. The family, 
school and all phases of local government have been 
deeply stressed, in order that boys and girls may have a 
proper conception of the home and its environment. Fur¬ 
ther, it should be a valuable addition to the family 
library, for while it has many other features of historical 
and governmental value, it contains in comprehensive 
form the only authenticated compilation of the state con¬ 
stitution, it being certified to by the secretary of state. 

Third, it has sought by quotations, illustrations, songs 
and earnest language, to incite patriotic fervor. It, is 
well to know of our government, state and national, but 
it is infinitely better to be proud of them and love them. 


Fourth, and perhaps the strongest bid for favor, it 
embraces history never before recorded in a book. For 
an understanding of our state government, children 
should be told of the deeds and lives of men who led and 
are leading this twentieth century state into the ways 
which make for power and progress. This has been done 
by story, quotation and narrative. 

Fifth, it is brief yet complete, thereby adapting itself 
to a study of four months or a year. A discerning teacher 
will find it sufficiently elastic to meet the simple require¬ 
ments of a class in the seventh or eighth grade or the 
broader demands of a class in the senior year of high 
school. For example, in the study of state government, 
in the grammar school grades, the class might be con¬ 
fined to the introductory chapters on the state, while in 
the high school in a whole year’s work the student may 
take up the state constitution by sections. 

Few Civil Governments make the text replete and 
progressive by presenting the latest governmental growth 
of the nation, Our Insular Possessions. The importance 
of this feature will, we hope, be understood and appre¬ 
ciated by teacher and pupil. 

With this brief outline of the scope of the work, we 
cherish the hope that it will lessen the labors of the 
teacher and stimulate and inspire in the pupil those 
exalted ideals so essential to civic righteousness and good 
citizenship. 

The Authors. 

Ardmore, Oklahoma, April 21, 1908. 


CONTENTS. 


CHAPTER PAGE 

Upon the Study. 7 

I. Introductory. 11 

II. The Family. 17 

III. The School. 20 

IV. The Civil District. 27 

V. The Town or Township. 30 

VI. Voters and Voting. 35 

VII. Party Machinery. 39 

VIII. The County. 43 

IX. The Village and City. 47 

X. The State. 51 

XI. The Constitutional Convention. 59 

XII. Constitution of Oklahoma. 64 

Article I. Federal Relations. 65 

II. Bill of Rights. 66 

III. Suffrage. 69 

IV. Distribution of Powers. 71 

V. Legislative Department. 71 

VI. Executive Department. 78 

VII. Judicial Department. 81 

VIII. Impeachment and Removal from 

Office. 82 

IX. Corporations . 83 

X. Revenue and Taxation. 86 

XI. State and School Lands. 89 

XII. Homestead and Exemptions. 90 

XIII. Education and Schools. 90 

XIV. Banks and Banking. 91 

XV. Oath of Office. 92 































XVI. Public Roads, Highways and In¬ 
ternal Improvements. 93 

XVII. Counties. 94 

XVIII. Municipal Corporations. 96 

XIX. Insurance . 98 

XX. Manufacture and Commerce. 98 

XXI. Public Institutions. 99 

XXII. Alien and Corporate Ownership of 

Land. 99 

XXIII. Miscellaneous. 99 

XXIV. Constitutional Amendments.100 

Schedule.101 

Prohibition Article.102 

XIII. Federal and State Sovereignty.103 

XIV. The Nation.112 

XV. The Nation (continued)...116 

The Territories.132 

District of Columbia.133 

XVI. Our Insular Possessions.134 

Addenda.138 

United States Officials and Their Salaries.. . 138 

State Officials and Their Salaries.138 

Bureaus and Divisions of Executive Depart¬ 
ments .138 

Questions upon the Constitution of Oklahoma i 






















A STUDY OF CIVIL GOVERNMENT. 


UPON THE STUDY. 

Curriculum or Course of Study. —The curriculum of 
the schools of any land is what the experiences of a 
people have taught them to secure in early life, in order 
to escape suffering* and to acquire success. 

Natural Tendencies. —There are six great instincts 
for good, sociologists say, lying within every normal 
brain, and education can best and should proceed along 
these grooves. These are Health, Wealth, Knowledge, 
Sociability, Beauty and Righteousness. And it is encour- 
ing to note how well the curricula of the schools have 
turned in the centuries their tendrils about these natural 
powers. 

Each Study Feeding Certain Instincts. —Not reading, 
but knowledge, and the great means of obtaining knowl¬ 
edge, should we teach. Not spelling or getting words for 
mere time-consuming, but for making a formidable chain 
of the child’s language, which makes for social strength. 
Not arithmetic for pestiferous reasons unknown, but to 
create the sense of estimates, that he may compute the 
value of a farm and library and note that wealth puts 
them both together. Grammar for parsing or tripping 
children by its entangling rules, no; but a study where 
speech is used and loved, because it is a passport to the 
society of success. 

Civics Merges Into Righteousness. —And thus geog¬ 
raphy becomes knowledge; history becomes righteous¬ 
ness; physiology, health; and Civil Government, what? 
Undoubtedly with history, it forms a compendium of civic 
righteousness, as well as contributing liberally to socia¬ 
bility and knowledge. 




8 


A STUDY OF CIVIL GOVERNMENT 


Teach Civics of Active Men and Deeds. —This gives 
at once a viewpoint toward which all facts should be con¬ 
stantly led. Machinery of government should be tanglit. 
That is knowledge. But, by all means, the social influ¬ 
ences working out the plan of government, and by greater 
means still, bring living, breathing responsible man to 
light at every turn. 

Spice With Variety. —Is the home discussed? Then 
link emotions with intellect, by introducing great men 
like Gladstone, Roosevelt and Bryan, as homemakers and 
home lovers. If you care and know how to do it, sing 
John Howard Payne’s “Home, Sweet Home,” and if 
done with tender care, more home government would be 
taught thereby than can be estimated. 

Civil Government a Thing of Life. —If the state is the 
theme, yet how and why men rule, but at the same time be 
sure you introduce the legislators, the executive and 
judges as vividly as possible. Would it not be excellent 
teaching, if every pupil of civics could be taken to the 
capital and there see some men and things as they are? 
This may not be done, and yet a fresh newspaper, breath¬ 
ing all the life of government of the last few hours, can 
and should be upon the desk of the teacher of Civil Gov¬ 
ernment every morning. 

Teacher Responsible. — Is Civics as a study dull? 
Then let us place the blame where it belongs, and never 
upon the pupil or the subject. 

THE TEACHER. 

First Requisite. —If it were our privilege to give to a 
teacher the first requisite, after a general competency 
had been proved, to teach Civil Government we should 
unhesitatingly give a nature that leaps and glows when 
the name of home, state or nation is uttered. 

The Other Extreme Avoided. —Patriotism can be sus¬ 
tained by undemonstrative, formal minds, but it cannot 
be imparted to the young by them. Understand that 
equally as important as irradiation is overradiation. Too 


i 



INSTRUCTION 


9 


often patriotism in some schools is turned by the efferves¬ 
cent teacher into “Patriotism,” but the idea is— 

“Breathes there a man with soul so dead 
Who never to himself hath said, 

This is my own, my native land.” 

Current Events .—To this requisite we would add an¬ 
other: the habit of keeping informed daily about the 
events of the locality, the county, the state, the nation 
and the earth on which the teacher lives. There is no 
teaching of living Civics done by any other kind of soul. 
The atmosphere should fairly blaze with current events, 
bulletin boards, clippings and portraits of representative 
men and women. 

Civil Government .—Third requisite: to have the teach¬ 
er link the past with the present, by observing special 
occasions, which the world of feeling and life is observ¬ 
ing. The best Civics lesson that could be taught was 
taught a whole school of five hundred, besides the repre¬ 
sentatives of many homes and the entire community, by 
stopping the round of routine and coming together in one 
great room to pay tribute to the murdered McKinley. 
Evils of anarchy, blessings of citizenship, reverence for 
home, state, nation, all, were sent to the center of half 
a thousand hearts. Not by speech-making citizens and 
teachers, but by well-prepared remarks - of pupils. 

THE PUPIL. 

Keep the pupil active and receptive, by giving him 
things to write, to report, to outline, to debate. 

Have him connect the old with the new, and vice 
versa. Let him connect Civil Government with his his¬ 
tory, geography and everything. What can be said of 
Oklahoma geography and history which does not recall 
its struggle for government? Then why not do that? 
Have we no time? All the time in the world is at the 
disposal of the person who takes it. 

Have him make Civics a thing of deeds and men; not 
facts and dates. When a constitution is studied, let us 
take time, by all means, to study the great leaders of 
men who fashioned it. 


10 


A STUDY OF CIVIL GOVERNMENT 


These suggestions arise not from theory, but from 
active teaching of Civics for several years, and superin¬ 
tendence of its teaching for many more. They are said 
in faith in the alert, aggressive American teacher; the 
active, receptive American child; and in the great nation 
of America. 


CHAPTER I. 


INTRODUCTORY. 


Society Instinctive. —Those who closely observe ani¬ 
mal life will discover that.some are gregarious, or soci¬ 
ety-forming, while others are not. The ant, the gorilla 
and man are examples of the former, while the butterfly, 
the bear and tiger exemplify the latter. Man, then, by 
nature is a social being. He cannot exist apart from his 
fellows, any more than can the branch without the trunk. 


Definition of Society. —Society, then, is inter-depend¬ 
ent. Where men come together in any place, district 
or nation, this mutual relation makes society. Sociare, 
the Latin verb, means “to meet together/’ “to form 
associations; and societas,. from which “society” is de¬ 
rived, means a “union” or “communion.” Thus we see 
that the United States is a vast society, because it was 

v 7 

ordained and established, “to form a more perfect 
union ’’ or communion. 


Society Values. —This social instinct, like all other 
great common impulses, pushes man to greater excel¬ 
lence. For, upon looking closer, we find that only society¬ 
forming animals form governments. Each family finds 
need for an instructor for his children. Many families 
grouped together find it convenient and economical to 
concentrate their children in one building and have an 
instructor in common. For a while, the teacher is left 
to the control and support of all the families. But, in 
a little while, trouble ensues because it is discovered 
“that what is everybody’s business is nobody’s busi- 
ness.” The interested parties meet and organize in 
order that certain persons may control certain things 
about the school. Thus the blessings of organized soci¬ 
ety demand government. 

Bights and Duties. —Our forefathers held that men 
possessed three inalienable rights: “life, liberty and the 


12 


A STUDY OF CIVIL GOVERNMENT 


pursuit of happiness.” They call attention to these, be¬ 
cause a selfish nation was trying to destroy some if not 
all of these rights. They had rights and it was plain 
duty to protect them from injustice. In the face of giant 
selfishness, the colonies banded together in order “to 
establish justice.” This is the first duty of society. 

Functions of Government. —If we have discovered 
the first duty of organized society to be to establish jus¬ 
tice, and its second to create schools, roads and such 
factors of progress, and these duties are to be discharged 
only through government, then we are ready to define 
government. Government is the organization of soci¬ 
ety to secure these ends: justice and progress. Believ¬ 
ing this, we see that society without government could 
not exist. Anarchy would reign supreme, every man a 
law unto himself, and then would come chaos. Man in 
most primitive states may not have had legislatures, 
governors and judges as we have them, but they exist 
in some fashion. Let us remember that “govern” 
springs from the Latin word gubenare, which means to 
steer a ship. 

Government Supreme. —Thus we see that in its very 
nature government arises because of the need of the few 
to regard the needs of the many. It took the ratification 
of only nine colonies to make the government made by 
thirteen effective. Governmental mandates must be su¬ 
preme. Society has no defense if its government is not 
obeyed. 

Political Science. —If it were permitted in discussing 
government to classify its principles and in turn expose 
their virtues and vices, we should develop a political 
science, or a treatise on politics. Politics relates to the 
principles of government. In the abstract, such matters 
have no place in a work of this kind. But a few terms 
of political science are upon our lips every day, and it 
is our duty here to determine their meaning. 

The State. —A great political writer says that “a 
state is a particular portion of mankind, viewed as an 
organized unit.” Tn America the state has grown out 



INTRODUCTORY 


13 


of historical, geographical and educative reasons. His¬ 
torical, because certain migrations brought particular 
peoples to particular spots. Under different religious, 
political and material influences governments were estab¬ 
lished. Each became an independent colony, and after 
separating from England each became an independent 
state. Geographically, because different climatic con¬ 
ditions produce different products, these in turn giving 
rise to corresponding industries, demanding, in the end, 
different laws. Educational reasons, because the train¬ 
ing of the Saxon mind has been toward one general end 
in government, to keep power in the people’s hands. 
“Decentralization of government” has been the Eng¬ 
lishman’s political war cry. He makes the nation, but 
permits it to do nothing which the state can do for him. 
He makes the state, but creates the county, to bring the 
rights and duties of a citizen closer about his hearth¬ 
stone. 

The Nation .—Perhaps no prettier term is known to 
patriotism than the word “nation.” It springs from the 
Latin word nascor, “to be born.” Thus a nation is a 
people having a common ancestry, birthplace, language, 
traditions, customs, manners and civilization. The Jews, 
though scattered through the earth, in this sense are a 
nation. State and nation, in this sense, are in many cases 
synonymous; for England, Austria and Prussia, as states, 
each comprise a number of nations. Common interests 
seem to be the nuclei about which we group the idea of 
nation at times. The American colonies before the Revo¬ 
lution were called a nation, but never a state, while in 
this same sense, Canada is often styled a nation. 

Kinds of Government. — Philosophers of ancient 
Greece divided governments into three classes: the mon¬ 
archy, the democracy and the aristocracy. Whatever 

deductions may have been drawn from these forms since, 

•/ ' 

they rest today as the best basis for division of govern¬ 
ments. 

4 

Monarchy. — A monarchy is a government whose 
functions are chiefly vested in one person. This person 



14 


A STUDY OF CIVIL GOVERNMENT 


wears the name of king, queen, emperor, empress or 
prince. Monarchies are more numerous than all other 
governments put together. These are limited or abso¬ 
lute, according to limitations placed about the ruler. 

Absolute Monarchy .—In an absolute monarchy there 
is no limit to kingly power. Life, liberty and property 
are at the command of the czar, shah and sultan. The 
last decade is showing a beginning of the end in this form 
of government. 

Limited Monarchy. —In this form of government the 
people have placed about their ruler certain restrictions, 
as in England and Germany. The monarchy is usually 
restricted in the measure of the people’s intelligence. 

Hereditary Monarchy. —This is where the sovereign 
receives his right to rule from heirship, usually from his 
father. 

Elective Monarchy. —Roumania, Greece and certain 
other countries have rulers elected by certain electoral 
princes or monarchs. 

A Patriarchy. —This, as the name suggests, is that 
form of monarchy which rests the rule in a father of a 
family, at the head of a tribe. 

Theocracy. —A theocracy is a government finding its 
existence in the mandates of a god. The Hebrews of old 
gave the world the truest form of this government. 

Democracy.—A democracy is a government by the 
people. A pure democracy is a government conducted 
by the people in person. Athens of ancient day, and 
the New England town meeting of modern day, are ex¬ 
amples of this. 

A republic, or representative democracy, governs it¬ 
self by representatives, chosen by the people. • The 
United States is a democratic republic. Mexico, France 
and Brazil claim to be. This form of government is the 
product of modern times, the ancients knowing nothing 
of it. Its development is largely due to the Saxon or 
German mind. 





INTRODUCTORY 


15 


Aristocracy. —This word, which springs from a Greek 
word meaning “best” or “select,” is applied to a gov¬ 
ernment where the reins of power are held by a particu¬ 
lar few. These few usually secure their power by tram¬ 
pling on the people’s rights. Rome just before the em¬ 
pire, Greece just before the republic, and Venice of the 
Middle Ages are types of this government. The aris¬ 
tocracy adjusted by a certain ten was called an oligarchy. 
However, this term became corrupted and was used for 
the word aristocracy. 

Mixed Governments. — Some governments combine 
many elements. England, in its ruler, has a hereditary 
king; in its house of lords, it has the remnant of an 
ancient aristocracy; while, in its commons, its most po¬ 
tent factor, it has a republican body. 

Dual Government. —There are two conspicuous forms 
of this sort of government: confederate and federal. A 
confederate government arises from laws set forth by 
states in league. It represents these states, and not the 
people. If supplies are needed, it asks the states for 
them, and each can furnish in its own way or refuse. A 
federal government is the creation of a nation “of the 
people, by the people and for the people.” “We, the 
people of the United States, do ordain and establish this 
constitution.” It acts directly upon the people. 

CIVIL GOVERNMENT. 

It can be well asked here, What is Civil Government ? 
“Civil” is derived from the Latin civia, meaning “citi¬ 
zen,” which is closely related to civitas, meaning 
11 state. ’ ’ Therefore, Civil Government is the government 
of the state, and is marked by a state of civil society. 
In the best sense, it is a system of laws resting upon 
intelligence and moral force. It is to be distinguished 
from military government, or government by the army, 
and from savage tribes. 

Constitutions. —All civil governments are based upon 
a constitution. A constitution is the supreme law of the 





16 


A STUDY OF CIVIL GOVERNMENT 


whole land. Some are written, as in America, while 
others rest upon precedents, customs and powers of cer¬ 
tain authorities, as in England. These are called un¬ 
written constitutions. Each has its virtues and likewise 
its weaknesses. 

Governmental Growth; Evolution .—Political govern¬ 
ments are like civilizations; not things of a day, but ot 
growth. In brief time, growth is insensible. But, as 
slow as governmental wisdom and justice may be, they 
imply the use of means. Some of these are: universal 
education, patriotic interests, newspapers and maga¬ 
zines, agitation of public questions, political parties and 
a free ballot. This process is the sure and slow process 
of evolution, but it has never failed to give glorious re¬ 
sults. 

Revolution .—“When in the course of human events it 
becomes necessary for one people to dissolve the political 
bands which have connected them with another, ” if they 
are not enabled to do it by petition and remonstrance 
thev must resort to arms. Thus our first fathers said 
and did, and so savs all historv. It is a violent means 
to better conditions, and is never excusable, save when¬ 
ever all peaceable and just means have been employed 
without avail. 


SUGGESTIVE QUESTIONS. 

1. Where does society have its origin? 

2. Define society and show how the United States is a society. 

3. How is it shown that the blessings of society demand government? 

4. What are some inalienable rights, and why so called? 

5. What are the two great functions of government, and define the govern¬ 

ment upon that view. 

6. Why must all government be supreme? 

7. What is “politics,” and why not discussed here? 

8. Define a state and show some reasons for so many in the land. 

9. Distinguish between a state and a nation. 

10. What are the great kinds of government? State worth of each. 

11. Why are there so many monarchies? Name five of the greatest. 

12. Why is Russia an absolute monarchy and England a limited monarchy? 

13. Why was the patriarchy adapted to* the Hebrew people in Abraham’s time? 

14. What is an aristocracy, and what traces of that in our country? 

15. What are some mixed forms of government used by certain nations, and how 

came this? 

16. What are confederacies and federal unions? Give examples. 

17. What is “civil government”? 

18. What is a constitution and name some kinds?- 

19. Tell how governments grow. 

20. What is a revolution? 


CHAPTER II 


THE FAMILY. 


“But where to find that happiest spot below 
Who can direct, when all pretend to know? 

The shuddering tenant of the frigid zone 
Boldly proclaims that happiest spot his own; 

Extols the treasures of his stormy seas, 

And his long nights of revelry and ease : 

The naked negro, panting at* the line, 

Boasts of his golden sands and palmy wine. 

Basks in the glare, or stems the tepid wave, 

And thanks his gods for all the good they gave. 

Such is the patriot’s boast, where’er we roam, 

His first, best country ever is at home. 

And yet. perhaps, if countries we compare. 

And estimate the blessings which they share, 

Though patriots flatter, still shall wisdom find 
An equal portion dealt to all mankind ; 

As different good, by art or nature given, 

To different nations makes their blessings even.” 

— Goldsmith's “Traveler.” 

THE DEAREST SPOT. 

The dearest spot of earth to me, 

Is home, sweet home; 

The fairy land I’ve longed to see 
Is home, sweet home. 

There how charmed the sense of hearing. 

There where hearts are so endearing, 

All the world is not so cheering 
As home, sweet home. 

Chorus. 

The dearest spot of earth to me 
Is home, sweet home; 

The fairy land I’ve longed to see 
Is home, sweet home. 

I’ve taught my heart the way to prize 
* My home, sweet home; 

I’ve longed to look with lover’s eyes 
On home, sweet home. 

There where vows are truly plighted, 

There where hearts are so united, 

All the world besides I’ve slighted, 

For home, sweet home. 

—W. T. Weigh ton. 

Family the Basis .—The family is the primal govern¬ 
ment of man. Nature has made this so through the law 
of self-preservation. True, the way has been long, from 
the cave man, with his savage instincts, rude home and 
wild affection for mate and offspring, to the modern 
gentleman, with liis education, his refined home and true 
love for wife and child. But the same elements ever 
appear. 



18 


A STUDY OF CIVIL GOVERNMENT 


The Father.— There is the father, whose position has 
been to defend from all trespass and wrong; to support 
with raiment, food and shelter; to give to the child all 
the training that may be needed to develop it into a being 
stronger than himself. To this end, the primitive nature 
of man shapes all things. 

The Mother. —The mother, whose mission has been 
to nurse, to instruct and supply all those elements of 
love and self-sacrifice, appears and makes home the one 
spot on earth. 

The Child. —But the center of the home, and the rea¬ 
son for its existence, is the child. The plan, the toil and 
hope of the father; the love, the nourishment and self- 
sacrifice of the mother—all find their force in the child. 
Out of these happy conditions nature demands, at all 
times, one flower to grow, and that, love and gratitude of 
children for father and mother. 

Children’s Love of Father. —If the duty of the father 
is to defend, to support, it, is his right to expect respect 
for his life, obedience to his commands and other assist¬ 
ance from his child. Let it be understood that every son 
and daughter owes a debt of love and gratitude to a good 
father, that a lifetime is too short to repay. If it be the 
duty of the father to educate, certainly a deeper, corre¬ 
sponding duty rests upon the child to take the education 
offered. What woe and miserv attend children who wan- 
tonly turn away from parents offering them an education. 

. Children’s Devotion to Mother. —If it be the privi¬ 
lege of a mother to sacrifice for the child, what child 
would deny her the right of respect, love and implicit 
obedience? If it is the duty of the mother to nourish a 
child in its dependence, then it is the child’s imperative 
duty to be her staff in her declining strength. 

Importance of Home. —Of all the factors which go to 
make a nation, the home is the greatest by far. Give 
homes of sober, industrious fathers, building with firm 
hands and loving hearts their children’s characters, place 











THE FAMILY 


19 


about this the grace of earnest, religious motherhood, and 
we shall have a country equal to every trial. 

Grady's View. —Here is a picture of the true home 
of America by that master patriot, Henry W. Grady. 
Read and preserve: 

“A few Sundays ago I stood on a hill in Washington. My heart thrilled 
as I looked on the towering marble of my country’s capitol, and a mist gath¬ 
ered in my eyes as, standing there. I thought of its tremendous significance 
and the powers there assembled, and the responsibilities there centered—its 
presidents, its congress, its courts, its gathered treasure, its army, its navy, 
and its 60.000,000 of citizens. It seemed to me the best and mightiest sight 
that the sun could find in its wheeling course—this majestic home of a republic 
that has taught the world its best lessons of liberty—and I felt that if wisdom, 
and justice, and honor abided therein, the world would stand indebted to this 
temple on which my eyes rested, and in which the ark of my covenant was 
lodged for its final uplifting and regeneration. 

“A few days later I visited a country home. A modest, quiet house shel¬ 
tered by great trees and set in a circle of field and meadow, gracious with the 
promise of harvest—barns and cribs well filled and the old smokehouse odorous 
with treasure—the fragrance of pink and hollyhock mingling with the aroma 
of garden and orchard, and resonant with the hum of bees and poultry's busy 
clucking—inside the house, thrift, comfort and that cleanliness that is nest to 
godliness—the restful beds, the open fireplace, the books and papers, and the 
old clock that had held its steadfast pace amid the frolic of weddings, that had 
welcomed in steady measure the newborn babes of the family, and kept company 
with the watchers of the sick bed, and had ticked the solemn requiem of the 
dead ; and the well-worn Bible that, thumbed by fingers long since stilled, and 
blurred with tears of eyes long since closed, held the simple annals of the family, 
and the heart and the conscience of the home. Outside stood the master, strong 
and wholesome and upright; wearing no man’s collar: with no mortgage 
on his roof and no lien on his ripening harvest; pitching his crops in his own 
wisdom, and selling them in his own time in his chosen market; master of his 
lands and master of himself. Near by stood his aged father, happy in the heart 
and home of his son. And as they started to the house the old man's hands 
rested on the young man’s shoulder, touching it with the knighthood of the 
fourth commandment, and laying there the unspeakable blessing of an honored 
and grateful father. As they drew near the door the old mother appeared; 
the sunset falling on her face, softening its wrinkles and its tenderness, lighting 
up her patient eyes, and the rich music of her heart trembling on her lips, 
as, in simple phrase, she welcomed her husband and sou to their home. Beyond 
was the good wife true of touch and tender, happy amid her household cares, 
clean of heart and conscience, the helpmate and the buckler of her husband. 
And the children, strong and sturdy, trooping down the lane with the lowing 
herd or weary of simple sport, seeking, as truant birds do, the quiet of the 
old home nest. And I saw the night descend on that home, falling gently as 
from the wings of the unseeen dove. And the stars swarmed in the bending 
s ki es —the trees thrilled with the cricket’s cry—the restless bird called from 
the neighboring wood—and the father, a simple man of Bod, gathering the 
family about him. read from the Bible the old, old story of love and faith, and 
then went down in praver, the baby hidden amid the folds of its mother’s 
dress, and closed the record of that simple day by calling down the benediction 
of God on the family and the home! 

“And as I gazed the memory of the great capitol faded from my brain, tor- 
gotten its treasure and its solendor. And I said, ‘Surely here—here in the 
homes of the people is lodged the ark of the covenant of my country. Here is 
its majesty and its strength. Here the beginning of its power and the end ot 

its responsibility.’ The homes of the people ; let us keep them pure and inde¬ 

pendent. and all will he well with the republic!” 

SUGGESTIVE QUESTIONS. 

1. What are some mutual duties of father, mother and children? 

2 How mav a child show a parent gratitude? 

3. What is'the duty of the child to parents in poverty and old age? 

4. Outline the family. . ... 

5. What do the great religions teach about respect for parents? 

QUESTION FOR DEBATE. 

Resolved, That age is more respectful of children than children are of age. 







CHAPTER III. 


THE SCHOOL. 


THE SCHOOLHOUSE STANDS BY THE FLAG. 

Ye who love the republic remember the claim 
Ye owe to her fortunes, ye owe to her name. 

To her years of prosperity, past and in store, 

A hundred behind you, a thousand before. 

’Tis the schoolhouse stands by the flag, 

Let the nation stand by the school ; 

’Tis the school bell that rings for our liberty old. 

’Tis the schoolboy whose ballot shall rule. 

The blue arch above us is liberty’s dome; 

The green fields below us equality’s home; 

But the schoolroom today is humanity's friend. 

Let the people, the flag and the schoolhouse defend. 

’Tis the schoolhouse stands by the flag, 

Let the nation stand by the school ; 

’Tis the school bell that rings for our liberty old. 

’Tis the schoolboy whose ballot shall rule. 

—Hezekiah Butter worth. 


Governments Met .—Tlie American child, in taking 
his way into citizenship, meets these governments: The 
home, the school, the district, the county, the state and 
the nation. If he lives in a town or city he must add 
a seventh to the sixth. 

School Defined .—At about the age of 6 the child is 
pointed to the schoolroom, and upon entering there be¬ 
gins life under school government. A school is an insti¬ 
tution created by man for systematic self-improvement. 
It is as old as history; for “that control should be intelli¬ 
gent ” is older than Plato and is denied by no people. 

Three Kinds .—There are many sorts of schools; but, 
taking their name from their management, the private, 
the parochial and public schools are the most promi¬ 
nent. A private school is one under the control of one 
or several individuals, whose personal support gives it 
existence and direction. Many fine acadamies and col¬ 
leges are of this class. The parochial school, as its name 
implies, is ruled by some church. Many of the great 
institutions of the land come under this class. 









THE SCHOOL 


21 


The Public School a State Institution. —But the pub¬ 
lic school, with which our country has most to do, is as 
suggested by its name, a school created and controlled 
by the people. The people, supporting and maintaining 
the public schools in America, have always been the state. 
The United States has never taken tlie public-school 
business upon its hands. It has made some large and 
generous grants to state colleges and other institutions 
of higher learning for public purposes; but, further than 
that, it has not gone. 

The Need of Public Schools. — Public education is 
insisted upon because it is the foundation of the com¬ 
monwealth. Over a thousand years ago Charlemagne 
required that the children of all persons taking part in 
the government should be educated, in order that intelli¬ 
gence might rule the empire. That belief prevails today 
in every American state. 

The School District. —A school district is a defined 
portion of a town, city or county laid off for school pur¬ 
poses. It is the unit of educational work. Within it a 
school is maintained, partly by funds from the state and 
the county or district. The state demands of every citi¬ 
zen assistance in giving its children means of acquiring 
a plain English education, and, in turn, makes an effort 
to so district the county as to place a school within reach 
of every child. 

The Basis for District Malting, Past and Present .— 
The old-time cry was, “Take your sqhool building to the 
child.’’ This made the school district in town and city 
of convenient size, perhaps. In the country it often 
stretched the district many miles, and then, not embrac¬ 
ing sufficient property, the children came to barren 
rooms and poor teachers. The late cry of progress is, 
“Take the children to the school”; so, using wagons and 
teams, they have thrown several of the “pauper” dis¬ 
tricts together, and, with increased taxes, a modern 
building is erected, presided over by well-trained teach¬ 
ers, good equipment is had, enthusiasm grows out of 
numbers and life everywhere abounds. 



22 


A STUDY OF CIVIL GOVERNMENT 


School Officers. —The officers of a public school are 
the trustees, or directors, and teacher, and, back of these, 
the county superintendent, state superintendent, the 
board of education, etc. 

School Trustees. —The trustees, or directors as they 
are often called, are most often elected by the qualified 
voters of the school district, but sometimes are appointed 
by the county superintendent. In many states there are 
three, chosen for the rural school, while the cities have 
a larger board. Their terms of office vary in the several 
states. Some states have the “county unit” system, 
where the township furnishes the candidate for director, 
but the whole county elects. 

Trustee’s Duties. —The duties of a trustee or director 
are to fix school boundaries, to make rules and regula¬ 
tions which they may think best, to elect the teacher, to 
regulate his salary, to define the course of study, if it be 
not fixed, to maintain the school property, to visit the 
school, to purchase equipment, to hold school elections, 
to take the school census and similar duties. 

The Teacher. — The teacher is the most important 
official of the school system, because the old maxim, “As 
is the teacher so is the school,” marks her place pre¬ 
cisely. After the teacher enters the schoolroom almost 
all authority is given her. In loco parentis, “in place 
of the parent,” expresses the force and dignity with 
which her station is clothed. And it is a great tribute 
to the common sense of the American people in choosing 
teachers, as it is to the teachers themselves, to know 
that only in the rarest instances is this authority of the 
teacher abused. 

Legal Duties of a Teacher. —Some of the duties of a 
teacher are: to furnish a legal certificate of efficiency 
in certain school branches. In Oklahoma and many pro¬ 
gressive states of every section, this standard is high, 
embracing, for first-class certificates, reading, writing, 
spelling, grammar, arithmetic, geography, history, civics, 
physiology, composition, agriculture, literature and book¬ 
keeping. She must make a contract with the board of 








TIIE SCHOOL 


23 


directors; she must submit to legal restrictions of school 
work as to length of day and nature of curriculum; she 
must keep a register and make a monthly report of her 
work; she must maintain discipline and give competent 
instruction. 


The worthy teachers of this country—and there are 
scarcely any others—do not pause at these posts of duty, 
but go on, taking the children into fields of happy toil 
where real character is found. They read, they think 
and sacrifice—if it may be called that—to give their 
pupils better than they were given. 

The Pupil. —If the teacher has duties and rights of 
supreme moment in the school, what should be said of 
those of the pupils for which the school is made? 


Pupil 1 s Duties. —The law makes it imperative that 
the pupil shall obey the teacher; that the pupil is respon¬ 
sible to the school and teacher for all actions on passing 
to and from school. The most progressive states are 
taking the position that the state may not only educate, 
but that it must educate. Therefore, in order to have 
the pupil in school, compulsory attendance is enforced. 
The people of the new state of Oklahoma believe in edu¬ 
cation to that extent and,they sent men to the constitu- 
tional assembly, who wrote this into their constitution. 
It will be a tribute to Oklahoma as long as history is read. 

Rich Legacy to Oklahoma Child. —If these restric¬ 
tions are placed about the children of Oklahoma, it is 
only after their interests are radically protected. Mil¬ 
lions of acres of public domain are set aside for their 
education; the most progressive features of modern edu¬ 
cation are encouraged and supported, foremost among 
these, the right and necessity of local taxation for sup¬ 
port of schools; the consolidated district and county high 
school. These rights and privileges are given by Okla¬ 
homa’s lawmakers, and in time this state is destined to 
lead all others in education. 

Moral Obligations of Patrons> —The home is to sup¬ 
port the school by taxing itself for building schoolhouses, 
hiring teachers and purchasing apparatus. But this is 





24 


A STUDY OF CIVIL GOVERNMENT 


not all. The parents have moral obligations greater 
than any of material sort. Schoolrooms may be ever so 
well equipped and teachers therein ever so competent, 
yet it avails nothing if the parents are not impressed 
that it is nothing short of crime to create in their sons 
and daughters weakening school habits. Some of these 
are excuses for absenteeism, tardiness, disobedience and 
lack of respect for teacher. Let it be understood that 
when these things disclose their malignant heads, some 
parent has been negligent in duty. 

The County Superintendent. — The county superin¬ 
tendent is an officer that most states use to supervise 
all public schools of the county. The demand is usually 
made that one holding this position must have a certain 
teaching experience, pass a required examination or hold 
a diploma from some reputable normal, college or uni¬ 
versity. They are elected by the qualified voters of the 
county, and in many states the electors are choosing 
women to hold this office. In Kentucky, Minnesota and ' 
Oklahoma a large percentage of county superintendents 
. are women. 

Women in Education. —This is a deserved tribute to 
the general interest women have ever taken in educa¬ 
tion, and the peculiar power and aptitude they have dis¬ 
played in the schoolroom. In Colorado, Kansas, Okla¬ 
homa and other states, school suffrage is granted women, 
and it is splendid to note that while never extensively 
used, yet it has never been abused. 

Duties of County Superintendent. —The county super¬ 
intendent, elected for two years, has obligations to visit 
the schools, advise as to methods and course of study, 
decide school boundaries, condemn school buildings, re¬ 
ceive school money from the state and pay it out, hold 
examinations for county teachers, keep all records of 
certificates, school taught, money expended, etc., and 
make reports of all this to the people and state superin¬ 
tendent of public instruction annually. 

True County Superintendent. — The work of the 
county superintendent is constructive. He should be not 





THE SCHOOL 


25 


r or office-keeper, but a leader of edu¬ 
cational thought, an inspirer of the teacher, a wielder 
of a trenchant pen, an informer through the press, and 
a person of great integrity—one whose educational cry 
is, “Nothing too good for the children of the people.” 

The Educational Bead .—At the head of the public 
education in the state and, in these active times, a direct 
factor in the life of every school, is the superintendent 
of public instruction of the state. He is one of the execu¬ 
tive cabinet of the state, elected by the voters thereof 
usually, though sometimes appointed. His length of term 
is the same as that of other state officers, and his duties 
are manifold. 

Some Duties of State Superintendent. — He is the 
guardian of all the financial interests of the state schools. 
The auditor and treasurer, guided by his warrants, pay 
out through him all school money. He advises the state 
legislature of educational needs of the state, and his 
words are weighty with them concerning needed school 
legislation. He is ex officio chairman of the state board 
of education and state board of examiners. The first, in 
Oklahoma, consists of the governor, secretary of state, 
attorney-general and superintendent of public instruc¬ 
tion; while the second is made up of progressive teach¬ 
ers appointed by the board of education. He is the final 
arbiter of all school disputation in the state, having the 
power to call upon the attorney-general for a construc¬ 
tion of the law upon all school points. 

What He Should Be and Is .—He should be and, with 
rare exception, is a man of established prestige as a 
leader, an educator and a godly man. The mighty per¬ 
sonality of the state superintendents in America is the 
greatest tribute to the status of civilization in this land 
that can be found. 

Details Not Here .—There is no chance here to develop 
details of the state school system. The cities in them¬ 
selves have systems of public schools that cost the people 
thousands of dollars. Then there are at the command of 


26 


A STUDY OF CIVIL GOVERNMENT 


tlie teachers, state normal schools, erected and main¬ 
tained by the state for the chief purpose of training 
teachers for life work in school room. Oklahoma has 
three, with grounds and equipment, costing a half mil¬ 
lion dollars. Not content with this, three more are to 
be established. 

The State University .—At the head of the public- 
school system of the state stands the state university, 
with its departments of liberal arts, science, electrical 
and mechanical engineering, medicine, law, etc. It beck¬ 
ons the children to come, after completing a higli-schooi 
course, and make themselves truly capable. Tuition is 
free and living is made inexpensive to every pupil of the 
state deserving to enter. Not a boy or girl but that may 
and should cling to the aspiration of entering and com¬ 
pleting a university course. 

SUGGESTIVE QUESTIONS. 


1. What is a school? 

2. Name some great private and parochial schools. 

3. Why should the state rather than the nation educate? 

4. What are some qualifications for school trustee? 

5. What steps must a person take to secure a school ? 

6. Why is a teacher granted great power? 

7. What are some moral obligations of patrons? 

8. What is your school curriculum and how adopted? 

9. What permits women to be more active in this government than in some 

others ? 

10. What composes the school funds of Oklahoma? 

11. Make comparisons with other states in school funds, length of term, salary 

of teacher, etc. 

12. Give requisites of county superintendent. 

13. Who are some high school officials? give duties of each. 

14. Who is the man in charge of the department of education, and what has he 

done for education in the state? 

15. What and where are the state normals? 

16. What are some inducements offered by the state university to pupils of the 

state? 


QUESTIONS FOR DEBATE. 

1. Resolved, That compulsory education is not practical and not best. 

2. Resolved, That trustees should be paid a salary, and then impose a penalty 

for lack of duty. 

3. Resolved, That no school should exist without two teachers, and it is best 

to merge districts until three or more teachers are demanded. 



CHAPTER IY r . 


THE CIVIL DISTRICT. 

Civil District. —Continuing the study of government 
from simpler to the complex forms, the civil district 
should be next considered. The civil district arose in 
those portions of the south where the population was 
sparse or, at least, marked by an absence of towns. Here 
the people must have some medium for applying state 
law, so the county was divided into convenient districts. 
Due to the fact that the people could not collect together 
so easily as in the town of New England, the machinery 
of government was far simpler than the town government 
there. The civil district of Virginia, Kentucky and other 
states of the south had but two important officials: the 
magistrate and constable. 

Now, the township of the west is a growth from either 
the civil district of the south or the town of New Eng¬ 
land, or from a union of both. 

Met at Twenty-One Actually. —In the school govern¬ 
ment is adjusted to its members without consent, but 
when the school boy reaches the age of 21 he for the 
first time becomes a real citizen—one who can exercise 
the right of suffrage and in doing so becomes an integral 
part of the nation. 

Five to Twelve Make a County. —In looking about him 
this new citizen will note that the county has been divided 
into districts, from five to twelve, the number depending 
upon population, size of county and features of conven¬ 
ience. 

Laws Made Elsewhere Applied Here. —Here voting 
boundaries are set and laws of the state and county are 
brought to the doors of the people. That was the idea 
in ancient Greece, where the people boasted that where 
the law was applied, the law was made. That could take 




28 


A STUDY OF CIVIL GOVERNMENT 


place in Greece or in Rhode Island, hut in commonwealths 
as large as the greatest European empires, this is tor- 
bidden; so our lawmakers sit in capitals far removed 
from the people and make laws that must be applied 
through the district, township and county. 

Sacred Regard for District or Township Ballot .—• 
Here we should stop to take solemn regard for duty. If 
the American citizen cannot be on guard at capitals, 
where the laws are made, it is a matter as profound as 
liberty and love for country that he go to the ballot box 
in the district and determine his representative law¬ 
maker. All other duties of American citizenship pale 
into insignificance beside the intelligent and free use of 
the ballot. It is becoming a fixed belief, and every Amer¬ 
ican youth should subscribe to it, that the only man in 
this country who should be deprived of his ballot is the 

one who for false reasons fails to use it. Election davs 

•/ 

may or may not be school holidays, but no school in the 
land is worthy of respect which does not devote all means 
in its power on that day to impress its pupils with the 
privilege and power of the freeman’s ballot. 

Laiv Close to People. —As has been said, the civil dis¬ 
trict brings the distribution of the law, and hence jus¬ 
tice, closer to the doors of the people. Local courts are 
held and speedy trials for minor suits and offenses are 
secured. The superior courts are relieved of small de¬ 
tails. 

Executive and Judicial Only. —The functions of the 
district are strictly executive and judicial. No legisla¬ 
tive power is given it. All laws come from without. The 
simple yet important application of law is made through 
the magistrate and his court. The magistrate is elected 
by the legal voters of his district, though in some states 
appointed for a specified term,, usually from two to four 
years. He is required to give bond for performance of 
duty and subscribe to a constitutional oath. 

Magistrate’s Work. —His court may be held upon his 
calling it, but sessions every quarter year must be held. 
He may issue warrants for arrest upon sworn state- 


TLIE CIVIL DISTRICT 


29 


ments; he may try, with aid of juries, persons guilty of 
breaches of the peace; he may try civil suits where the 
amount involved does not exceed one hundred dollars— 
in some states more, in others less; he may issue bond 
for lawless characters to keep the peace. Justices often 
preside at inquests instead of coroners, and in some 
states assume all the duties of a coroner. Sitting as a 
court, magistrates may weigh evidence in murder cases. 
This is called an examining trial, and jurisdiction ex¬ 
tends no further than a verdict of guilty or innocent and 
a remand of the cause to the higher court. 

Important Office .—From this list of duties it will 
be readily seen that a magistrate should be honest, brave 
and a reasonably well-educated man. He is the closest 
guardian of our homes and rights. His power is best 
displayed perhaps in times of riot or mob violence, when 
at his word every citizen can be drafted to secure peace, 
even at the expense of life and limb. 

The Constable .—There is a constable to wait upon the 
magistrate’s court. He serves subpoenas, writs, makes 
arrests and often is used by the district as collector of 
fines, taxes, etc. His services are not always limited to 
the magistrate’s court. 

Rights and Duties Mutual .—Rights and duties are 
mutual. If the citizens of the district have a right to 
all the protection and aid which the magistrate and exec¬ 
utive officers can offer, then it is their duty to cheerfully 
sustain and support those officers in every way. This 
may be best done by obeying the law and extending to 
all the same rights and privileges as may be claimed 
for themselves. 


SUGGESTIVE QUESTIONS. 

1. What is the need of the civil district? 

2. What is the sacred privilege awaiting the school boy at the point where 

he becomes a participant in district government? 

8. What ancient government used magistrates, and what were their duties then 
and now ? 

4 . W^hat do you think of the qualifications for magistrate in your district? 

QUESTION FOR DEBATE. 

Resolved, That a magistrate should obtain a lawyer’s license before he holds 
office of magistrate. 


CHAPTER V. 


THE TOWN OR TOWNSHIP. 

In government, as in other matters, confusion is cre¬ 
ated by careless use of terms. 

District, Township and Town Distinguished. —“ Dis¬ 
trict’ ’ is often used synonymously with “township” or 
“town,” but not always is this correct. For, while in the 
south the district frequently takes the place of town¬ 
ship, yet in the east and west the township plays an en¬ 
tirely different part in government. In the east it is a 
more important division than the county, while in the 
west it is inferior to the county, hut superior in its func¬ 
tions to the district of the south. 

Purpose of Township. —It lias been said that “eter¬ 
nal vigilance is the price of liberty.” This is but one 
way of saying that a sensible people will keep the mak¬ 
ing, the interpreting and execution of their laws as close 
in their hands as possible. This is the purpose of the 
township. The township permits the people to adjust 
their own local affairs, to develop their property, high¬ 
ways and schools, and suppress all evils as they choose. 

The Township’s Shape and Size. —In the eastern por¬ 
tion of the United States the town or township existed 
before the county, and in placing several together to 
make a county, irregularity in shape and size arose. But 
in the west the United States, surveying the territories 
before they were admitted as states, made the townships 
conform to parallel and meridian lines. The township 
here is six miles square, containing thirty-six sections 
of 640 acres each. 

Oklahoma Toivnships of Mixed Origin. —In Oklahoma 
there are two classes of townships: One is the township 
according to the governmental survey, being six miles 
square, while the other is called a municipal township. 




THE TOWN OR TOWNSHIP 


31 


This municipal township in many respects resembles the 
civil district, while in others it conforms to the township 
of the west, north and east. 

A Complete Government. — Complete governments 
have three great functions: Legislative, or law-making, 
executive, or law-enforcing, and judicial, or law-inter¬ 
preting, powers. The growth of civilized government is 
gauged by the even balance, distribution and separation 
of these functions. 'Hie township has all three. In the 
east, they are evenly balanced, while in the west the exec¬ 
utive is strongest. 

The New England Town. —The legislative power of 
the township or town in New England is vested in the 
people themselves. Upon specified days all the people 
come together, determine their public expenses, levy 
taxes, make appropriations, elect officers, fix salaries, dis¬ 
cuss questions of common concern and decide upon a 
course of procedure for the ensuing year. 

True Democracy. —Surely this is a pure republican 
form of government. The blessings of such a system are 
that it places responsibility where it belongs, and thereby 
develops a courage and ability that can only come from 
actual participation. It was the town meeting which 
aired England’s injustice, raised minute men and “fired 
the shot heard round the world.” 

Town and Township Legislature. —In many township 
governments, the legislative department is vested in trus¬ 
tees, or selectmen, or town council. The number differs 
in different parts of the union. They are elected by the 
qualified voters of the township for a term of one, two 
or three years. They make laws or ordinances, some- 
times called by-laws, trying therein to meet the demands 
of the community. 

Duties of Selectmen or Trustees in East. —In many 
parts of the east the principal duties of selectmen are to 
sit as judges of election, to appoint road supervisors, 
to have charge of the paupers not supported by the coun¬ 
ty, to purchase and maintain cemeteries, to divide the 




32 


A STUDY OF CIVIL GOVERNMENT 


township into road districts, to open roads upon petition, 
and to right wrongs which may arise in the township. In 
truth, their work is more executive than legislative. 

The Township Executive Officers. —The executive offi¬ 
cers of a township are the clerk, assessor, supervisor, 
treasurer, school directors and the constable. 

Clerk 1 s Duties in a Town. —The clerk keeps the record 
of the business transacted by the selectmen. He keeps 
the poll sheets of the election and often acts as clerk of 
the school board. At the town meeting he calls to order 
and then keeps record of all business done. 

The Town Assessor. —The assessor records all prop¬ 
erty values of the township, takes the number of polls, 
makes a tax list and delivers it to the auditor in many 
states. In most states there is a valuation of property 
each year, while in others this is done only in every ten 
years. 

The Town Treasurer. —The treasurer, as his name 

suggests, is custodian of the funds of the township. Ail 

fines and license fees come into his hands. He must give 

good bond for a faithful performance of his duty, and 

pays out money only upon written order of the trustees, 

attested bv the clerk. 

«/ 

Town School Directors. —The school directors attend 
the schools, calling for elections to vote bonds for school 
purposes, erecting schoolhouses, employing teachers, 
levying taxes, adopting text-books, fixing salaries, length 
of terms and making reports to higher officers. 

The constables, of which there are two or three for 
a township, have the same duties to perform as in the 
civil district. 

Supervisor Chief Officer in Some Parts. —In some 
parts of the country the chief portion of all executive 
duties of the town or township falls to the lot of a super¬ 
visor. 

Other Stations in Town and Township. —There are 
some minor but important stations in the township, such 




THE TOWN OR TOWNSHIP 


33 


as collectors, poundkeeper, fence viewer, lumber makers, 
sealers and weighers. These officers are holders of their 


positions through appointment, usually of the selectmen. 

Judicial Power. —The judicial department is vested 
in justices or magistrates, varying from one to three in 
each township. Their duties are largely identical with 
those of the magistrate of the civil districts. 


The Township Ancient , Yet Modern. —The township, 
the oldest form of democratic government, instituted in 
Greece and appropriated by England, is now used ex¬ 
tensively by the American people. The new state of 
Oklahoma, embodying in its constitution the most prac¬ 
tical and progressive ideas of government of all time, 
makes the township the local unit of citizenship. 

Reverence Due .—Let the student search with care the 
Oklahoma constitution, as found in succeeding chapters, 
and noting what efforts have been made to sacredly pre¬ 
serve all those rights which grew out of freemen exer¬ 
cising the rights of freemen for centuries, let him ear¬ 
nestly vow to exercise his township duties on coming to 
manhood without respect to any obstacle. 

America Suffers—How .—America, as a nation, today 
is suffering and bleeding in many parts because the plain 
people have slept upon their local rights. Out in town¬ 
ship voting booths, ballots have been cast for men who 
went up to certain centers of influence and wealth, and 
in an evil hour sold the people’s birthright to corporate 
greed. Often reports came, which should have alarmed, 
but the stress of daily toil and the sophistry of the dema¬ 
gogue, coupled with a widespread faith among Ameri¬ 
cans, that powers at Washington are to bear the respon¬ 
sibilities of government, gave false ease. But at last the 
crisis came; the nation grew sick in every pore. Homes 
of toil, economy and thrift saw clouds of debt and fail¬ 
ure shut out the light of prosperity. Doubt and dismay 
drove monev into the secret corners and banished confi- 
deuce. And, after a period of intense suffering and dis¬ 
aster to millions of innocent women and children, what 
was found to be the cause of it all! 



34 


A STUDY OF CIVIL GOVERNMENT 


America Suffers — Why ?■—Was it because of the tricks 
and knavery of Wall street? Was it because insurance 
companies, railroads and corporations bad bought char¬ 
ters from corrupt legislators and congressmen which per¬ 
mitted millions to be stolen from the farmer, the artisan, 
the widow and the orphan? 

The Answer. —No; but it was because the responsible 
citizen of the civil district and township had given a fool¬ 
ish excuse, instead of his active presence at the ballot 
box, and suffrage, thus weakened, sent sordid represen¬ 
tatives to the county convention. Then this county con¬ 
vention of ring rule and self-seeking men chose like rep¬ 
resentatives to legislative and congressional assemblies, 
until sitting at the state and national capitals were legis¬ 
lators who did not represent their constituents, who fas¬ 
tened upon the people corporate charters and sold their 
votes for United States senatorships. Thus Wall street 
gambled, insurance companies robbed, trusts oppressed, 
banks closed and misery stalked through the land, be¬ 
cause the township voter did not exercise with great pride 
and care the priceless power of an American citizen. 

An Appeal .—Youth of America, upon reaching the 
age of 21, in the name of the home that shelters you; in 
the name of the commonwealth builded for you by your 
sainted fathers; in the name of the nation that has been 
baptized in blood to give you all that you possess; in the 
name of liberty and its God, go into every local political 
meeting, and there, by voice and ballot, proclaim your 
patriotic views! 


SUGGESTIVE QUESTIONS. 

5. Where are civil or magisterial districts used? 

2. Where are townships used and why? 

3. What made the New England town? 

4. W T here are the county divisions called “hundred,” “parish," “beat,” etc. 

5. Why cannot town governments be applied to west and south as well as JSew 

England? 

6. What is the' legislative body of a township? 

7. What is the judge of the township? 

8. Who is a keeper of the peace in the township? 

9. Trace the history of the town through England, New England and on to 

the west. 



CHAPTER VI. 


VOTERS AND VOTING. 


A weapon that comes down as still 
As snow flakes fall upon the sod : 

But executes a freeman's will, 

As lightning does the will of God; 

And from its force, nor doors, nor locks 
Gan shield you. ’tls the ballot box. 

— Pierpont, “A Word From a Petitioner 

Importance. —Much has been said about the sacred 
nature of the ballot, and it is well to dwell there, because 
the power and perpetuity of the American republic de¬ 
pend upon the voter. 

State Control. —To every state is given the right to 
fix and regulate the qualifications of its own voters, ex¬ 
cept that the fifteenth amendment of the national consti¬ 
tution provides that no discrimination shall be made “on 
account of race, color or previous condition of servitude. ’ ’ 

The General Bide. —The usual qualifications demand¬ 
ed in all the states are that the voter shall be a male 
citizen, 21 years of age and of sound mind. However, 
this is modified in many ways by the several states. 

Citizenship. —Not always does the state demand citi¬ 
zenship. Some give suffrage to every male person of 
foreign birth, 21 years of age, who takes oath that he 
intends to become a citizen. This oath of intent must be 
taken from thirty days to one year before voting. 

Other Qualifications: Residence. — On approaching 
the polls, each state usually asks these questions: Do 
you reside in the state, county and voting precinct! How 
long in each! The voter must answer “Yes” to the first, 
and show that he has resided in the state from three 
months to two years, and in the county six months to 
one year and from thirty to ninety days in the precinct, 
before he is permitted to vote. 






36 


A STUDY OF CIVIL GOVERNMENT 


Still others demand that a poll-tax receipt for last 
year be shown, and many states require ability to read 
and write. Some demand that the voter be able to read 
a section of the constitution and explain it. 

Registration. —To protect the ballot from hidden at¬ 
tack and sudden onslaught, a large number of the states 
demand that offices of registration be opened, convenient 
to voters, for a period of time preceding election. Here 
a voter must secure a certificate of registration and pre¬ 
sent it at the polls, or he is not allowed to vote. This is 
especially adapted to congested centers of population. 

Disqualifications .—Certain classes of persons are usu¬ 
ally debarred from the ballot. Idiots, the insane, per¬ 
sons convicted of a crime (unless rights are restored), 
paupers, duelists and bribers are usually disfranchised. 

Citizen Not a Voter. —Citizenship and, the right to 
vote are not the same. A citizen is one who is born or 

naturalized in this countrv. Thus women and children 

%/ 

may be citizens, but may not be voters. It has been ob¬ 
served before that one may be an alien and yet be per¬ 
mitted to vote. 

Woman Suffrage. —Woman is given the ballot on the 
same terms as man in Wyoming, Utah, Colorado and 
Idaho. Oklahoma, Kansas, New York and many other 
states give women the right to vote and hold office in edu¬ 
cational affairs. 

Election Day. —In most states elections for various 
offices are held on the first Tuesday after the first Mon¬ 
day in November. This brings the election of all offi¬ 
cers every four years upon presidential election day, but 
this varies widely. 

Secret Ballot. —The secret ballot prevails now in over 
two-thirds of the states. The old viva voce method, 
where the voter spoke his choice to the clerk of election 
and had his vote recorded, is giving way to the Austra- 
lian-ballot system. This is a system arising out of the 
demand for clean voting in early days of Australia, when 
ruffianism, bribery, intimidation and fraud surrounded 
the polls. 




VOTERS AND VOTING 


37 


How We Vote .—On election day the voter proceeds 
to the advertised election place, between specified lionrs 
of the day. Instead of the old-time crowd about the bal¬ 
lot box, he sees the line of voters reach a certain stake 
or place, where a printed placard states the law on elec¬ 
tions. It says that no voter without notice from officers 
of election shall approach closer than thirty to ninety 
feet of voting booths; that at a word from the sheriff 
of the election one to three voters may come forward 
and receive unmarked ballots, after having his name re- 
„ corded thereon and on the poll-book. The voter is asked 
to pass into a secret place, called a booth, and there use 
a marker or stencil in certain prescribed ways upon the 
1 allot, thei eb\ makm g his choice. Folding his ballot 
within the booth, he returns and gives his ballot to a 
judge of election (usually three of these, representing 
the leading political parties), and the ballot is deposited, 
without further mark, in the sealed and locked ballot box. 
The law usually demands that all this be done in five 
minutes or less. If a voter cannot read his ballot, many 
states permit a judge of election to enter the booth to 
instruct him. 

Liberty .—Thus we see what time, money and care are 
expended upon giving a free ballot to the American 
voter. All this is done to preserve that liberty so dear 
to the average boy and girl, man and woman. There is 
more government in this state and nation, by the people, 
than in other lands. There are more voters here accord¬ 
ing to the population, with the exception of New Zea¬ 
land, Switzerland and parts of Australia, than anywhere 
else among men. Here we vote for everything and every¬ 
body. School trustee, magistrate, county judge, senator, 
governor, congressman and president are all beneath our 
ballot. Truly, such individual right and privilege will 
be kept inviolate by coming citizens of this federal union, 
if to do so they need again to “pledge their lives, their 
fortunes and their sacred honor.” 

SUGGESTIVE QUESTIONS. 

1. What are some things said before this as to the importance of voting? 

2. Why does the state control the ballot? 

3. What is the general requirement made of voters? 





38 


A STUDY OF CIVIL GOVERNMENT 


4. Is citizenship always required, and why is this? 

5. What are special qualifications arising in many states? 

6. What is demanded of the voter in state, county, township and city elections 

in Oklahoma? 

7. What is registration, and where is it demanded? 

8. What in Oklahoma will disqualify a person for voting? 

9. Explain how one may be a citizen and yet not be allowed to vote. 

10. Why are not women given suffrage in every state? 

11. Why is the secret ballot so popular in the country? 

12. Tell what steps are taken to get a ballot into the ballot box by a legal 

Oklahoma voter when voting for president? 

13. Is it true that we are the freest people of the earth? Explain. 

» 

QUESTIONS FOR DEBATE. 

1. Resolved, That women should have equal suffrage with men. 

2. Resolved, That no one should vote unless by birth or naturalization he is a 

citizen of the United States. 




CHAPTER VII. 



PARTY MACHINERY. 


Gentlemen, I am a party man. I believe that, without party, parliamentary 
government is impossible. I look upon parliamentary government as the noblest 
government in the world, and certainly the one most suited to England. But with¬ 
out the discipline of political connection, animated by the principle of private 
honor, I feel certain that a popular assembly would sink before the power or 
the corruption of a minister .—Lord Beacon afield (Benjamin Disraeli). 


Parties, Conventions and Primaries. —We called at¬ 
tention in a preceding paragraph to the presence of the 
two great political parties about the ballot box. It would 
be well at this time to introduce the pupil to those great 
political machines known as parties, conventions and pri¬ 
maries. 

How Parties Are Formed. —In any social gathering, 
if a question be proposed it is likely to meet the appro¬ 
val of some, the disapproval of others, while a few may 
take no sides. Great questions of policy arise in all 
nations, and in one like ours, where the people are to 
make choice and decide, these questions divide the peo¬ 
ple. These divisions, when closely unified, are called 
political parties. 

Political Party Defined. —In the beginning days of 
our republic there was one feeling dominating all, and 
that was: 4i Stand silent while we give the noble and 
beloved Washington a chance to prove the ship of state 
a good invention.’’ There being little or no departure 
from this feeling, there were no political parties. But 
scarcely had the venture been made when differences 
growing out of interpretation of the constitution arose 
and like magic those believing, like Hamilton, in con¬ 
centration of power, fell into one rank, and found facing 
them a zealous host under such as Jefferson, who took 
for their cry of political faith a distribution of power 
among the people. Thus sprang into existence national 
political parties, whose power and organizations have 


40 


A STUDY OF CIVIL GOVERNMENT 


controlled this country ever since, under the names fed¬ 
eralist, anti-federalist, republican and democratic. So 
a political party is a body of citizens who have a common 
political faith. 

Conventions .—Under influence of newspapers, public 
speakers and other factors of agitation, the people of 
common views are urged to meet at some central point 
and there set forth their principles. At the time and 
place appointed hundreds and often thousands assemble 
in some great hall. A temporary chairman and secre¬ 
tary are chosen, and with these to direct, committees of 
permanent organization are appointed. Some of these 
committees are: permanent organization, committee on 
credentials of delegates, and resolutions committee. 
When this last committee brings in a written declaration 
as to the assembly’s views of national policy, after dis¬ 
cussion and adoption, this makes the “party platform.” 
Thus, in great conventions, are parties usually organized 
and perpetuated. Because while here committees are 
appointed in each state and congressional district, which 
in turn organize the county and township for the future 
progress of the party. 

Nominations .—The election of county, state and na¬ 
tional officers approaches. The township or precinct com¬ 
mittee of each party meets and issues a call for a pre¬ 
cinct or township mass convention or primary. On that 
day they meet and choose their candidates by one of these 
two methods. They may also at this time in such a man¬ 
ner as they choose obey the call of the county committee 
of each party for each township to elect delegates to a 
county convention. This county convention or primary 
may, on coming together or casting its vote, make nomi¬ 
nations for county officers and also obey the call of the 
congressional district committee for the county to send 
delegates to a congressional district convention at a 
certain specified place and time. This is done and here 
the parties nominate leaders or candidates for congress. 
This last convention must here or at some time select 
delegates to a state convention, who nominate state offi- 



PARTY MACHINERY 


41 


cers, and who may at this time—but this is not usual— 
select delegates to a national convention. This last con¬ 
vention nominates party men for national offices, as the 
presidency, and thus the round is made. This discloses 
the township or precinct convention to be the source of 
power in our political system. 

Primaries Demanded. —In this extensive chain of con¬ 
ventions, reaching from the few citizens in the township 
meeting to the acres of anxious delegates in a national 
convention there must be some weak, because unwatched, 
links. Remove delegates from their creators, the people, 
but a little distance, and they many times forget all 
instructions and throw honor to the winds. There has 
grown a feeling among the people that the humblest citi¬ 
zen has as much right to select the candidate of his party 
as he has to Vote for a candidate selected by some one 
else. So for years the parties have used “primaries,’’ 
wherein polls are opened under party control, at cer¬ 
tain times and places, and all qualified voters showing 
that they are party men may vote for candidates who, 
if chosen, are nominees. Let it be understood that in 
voting for such candidates the voter is not restricted in 
his choice. If the name of one for whom he wishes to 
cast his vote is not upon the ticket or poll sheet he has 
the right to write it there and cast his vote therefor. 

Primaries Adopted by State Law. —All this party 
machinery thus far lies without state control. But cer¬ 
tain states, Oklahoma being a late and splendid exam¬ 
ple, have incorporated in the laws of the state a demand 
that candidates for certain or all offices must submit their 
claim to a primary. 

Parties in Other Nations. —The party system is not 
so vast or complete in any other country as in America. 
England, with its liberal and conservative parties, is very 
much on the same order. Austria and Italy, without the 
stiff hand of the monarch, could not maintain a perma¬ 
nent form of government at any length. If the word 
‘•‘party” be used pertaining to such governments as Rus¬ 
sia or' Turkey, let us remember another use of the term 




I 


42 A STUDY OF CIVIL GOVERNMENT 


is meant. Party there usually means a group of revolu¬ 
tionists or plotters against the government. 


SUGGESTIVE QUESTIONS. 

1. What are three important portions of party machinery? 

2. Show how parties naturally arise in a government like ours. 

3. What has brought about the democratic and republican parties? 

4. Explain how conventions arise and their use. 

5. What is a party “platform”? 

6. How is a candidate for president or governor brought out as nominee? 

7. What is a primary and why is it used? 

8. What does the state constitution say of primaries? 

9. What can be said of parties in other nations? 

QUESTION FOR DEBATE. 

Resolved, That conventions are better for nominations than primaries. 


CHAPTER VIII. 

THE COUNTY. 


Counties are territorial divisions of the state, organized for the convenience 
of the people, and as such are treated as governmental agencies of the state for 
the purpose of local government. 

The County Introduced .—Hie township, county, town 
and city governments have no authority over each other. 
Each is fashioned for carrying out the mandates of the 
state; this in its appointed way, that in another. 

In the south and west the county is the political unit. 
The county does the governing; the county is supplied 
with a complete corps of officials and the county seat 
is the center of political life. 

Legislative Body of County. —The principal organ 
of county government is its legislative body, called the 
board of county commissioners, or board of supervisors. 
Where the county commissioners compose the legisla¬ 
tive body, the people of the whole county choose them, 
three in number, for periods of from one to four years. 
In a few states a board of supervisors, made up of the 
township supervisors, constitute this body. In some, 
the district magistrates, sitting with the county judge 
as presiding officer, be having no vote except in cases 
where a tie ensues, compose the county legislature or 
fiscal court. 

Duties of Board of Supervisors or Fiscal Court. —Its 
principal duties are: making and caring for roads and 
bridges, building and repairing public buildings, passing 
upon all claims and bills against the county, deciding 
annually upon necessary expenditures and fixing a tax 
rate. In many states they elect the superintendent of 
county schools, and if an official of the county dies or 
resigns, they elect a successor until a legal election oc¬ 
curs. Their duties are important and truly broad-gauged 
men should be voted into such places of usefulness. The 




44 


A STUDY OF CIVIL GOVERNMENT 


very appearance of the county proclaims whether the 
people have put capable, progressive men in this office. 

Executive Officer. —There is a sheriff in most states, 
who is the chief executive officer of the county. His 
duties are: to wait upon the county and district courts; 
to serve summons, writs and subpoenas; to make arrests 
and keep the peace; to collect taxes, delivering them to 
the county and state treasurer; to make levies; to exe¬ 
cute judgments upon property and persons; to deliver 
prisoners to the jailer and to act as executioner, if courts 
condemn to death. In some states he also acts as coroner. 
He is given power usually to appoint deputies to assist 
him in all duties. It is an important office, and when a 
man comes to vote for sheriff, he should remember it 
takes a man of splendid honor, courage and lofty stand¬ 
ards, to be the guardian of the peace and dignity of every 
home in the county. 

County Judiciary. — The judicial authority of the 
county is vested in a county judge, assisted in his domain 
by such other courts as may be given authority in the 
county by the constitution, such as magisterial and dis¬ 
trict courts 

County Judge , His Importance. —In Oklahoma and 
many states the county judge, or probate judge, is per¬ 
haps the chief officer of the county. His is the tribunal 
where justice is chiefly dispensed, and if he be not the 
soul of integrity, the county suffers in every nook and 
corner. In many states this important office goes beg¬ 
ging for power to fill it, because of its poor remunera¬ 
tion, but the wisdom of Oklahoma’s constitution-makers 
is again made manifest, when they departed from prece¬ 
dent and singled out this office as one to offer special 
tribute and salary. 

Duties of County Judge. —This court has jurisdiction 
of wills and estates, appoints administrators and guar¬ 
dians and settles accounts. In many states it grants li¬ 
censes, presides over the board of commissioners, super¬ 
intends roads, by appointing road overseers and creat¬ 
ing new roads, acts as bridge commissioner and guar- 



THE COUNTY 


45 


dian of the county poor, appoints officers of election, 
holds examining trials, sits as a county court to try minor 
offenses and civil suits. In some states it acts as super¬ 
intendent of county schools, while in some others it is 
relieved of probate powers by a probate judge or judge 
of estates of deceased persons and minors. In Oklahoma 
he issues marriage licenses. 

The County Clerk —Other assistance toward the good 
government of a county is the county clerk, whose chief 
business is to keep the record of the county court. He 
issues writs, preserves papers and records judgments. 
In some states he issues marriage and other licenses and 
preserves election returns. 

> 

Register of Deeds. —In some states the county has a 
recorder or register of deeds instead of a clerk, and some 
have both, as in Oklahoma. The register of deeds, as 
his name implies, makes record of wills, deeds, mort¬ 
gages, plats and all powers of attorney. The law makes 
it necessary that many of these instruments be recorded 
in order that they may be legal. 

The County Attorney. —The county attorney is an 
officer, one of whose requisites is to be a lawyer of a cer¬ 
tain experience. The law demands that he stand as attor¬ 
ney for the county in all prosecutions of violators of 
the law; that he give the officers of the county legal ad¬ 
vice in their respective spheres; in truth, he is the coun¬ 
tv J s lawyer in all cases where it is involved, and there- 
fore he should be a good one. No man has a wider range 
of influence for good than the county attorney. 

The County School Superintendent , or commissioner, 
as sometimes called, is chief school officer of the county. 
This office was treated with close consideration under 
School Government. 

County Treasurer. —The county treasurer, an impor¬ 
tant office in some states, receives all money belonging 
to the county and pays it out only when he receives a 
warrant from the proper authority. Some states make 
him the collector of taxes. 




46 


A STUDY OF CIVIL GOVERNMENT 


Surveyor Needed .—There should be a competent sur¬ 
veyor to whom appeals for accurate surveys can be made. 
Locating lines, determining tracts of land and settling 
conflicting claims, are some of his duties. 

The Coroner .—The coroner makes investigation of 
peculiar deaths, as by violence, in prison, etc. He sum¬ 
mons a jury, has witnesses to testify, and the jury ren¬ 
ders a verdict as to cause and manner of death. This 
process is called an inquest. In some states the coroner 
takes the place of sheriff. 

District Court Clerk .—The citizens of the county elect 
a clerk of the district court. His duty, as his name im¬ 
plies, is to keep record of all proceedings of the district 
court, while sitting in the county. It is a very important 
office. 


SUGGESTIVE QUESTIONS. 

1. What is the legislative body of the county? Name the lawmakers in your 

county. 

2. What are some things legislated about in the county? 

3. Describe the impressions left on travelers through the county. 

4. What is the chief executive officer of the county? Name his duties and 

salary. 

5. Who is the county judge of your county? what are his duties? 

6. Who keeps the records of the county? 

7. What is a writ? a judgment? a marriage license? election returns? 

8. Who is register of deeds of your county? Name his duties? 

9. What makes the office of county attorney so important? 

10. Why does the county need a county surveyor? 

11. What is an inquest? 


QUESTIONS FOR DEBATE. 

1. Resolved , That county roads should be worked by taxation. 

2. Resolved, That there should be a county agricultural experiment station in 

each county. 



CHAPTER IX. 


THE VILLAGE AND CITY. 

How They Arise. —For many reasons, many people 
come near together and form villages and cities. Need¬ 
ing stronger guardianship of property and seeing they 
can secure better advantages if they legally band to¬ 
gether, special charters of incorporation are asked for. 

Legislative Body and Duties. —In the village the leg¬ 
islative function rests in a bodv called trustees, or coun- 
cil, from five to seven in number. They are elected by 
the voters of the village, for terms of from two to four 
years. Their chief business consists in passing ordi¬ 
nances, governing streets, lights, waterworks, police, pub¬ 
lic health and public buildings. They appoint minor 
officers, such as clerks, policemen, wardens of cemetery 
and fire department. 

The Executive of the Toivn. —The marshal or police¬ 
man is an executive officer, largely ministerial in his 
duties, being clothed with the same power as the con¬ 
stable of the district. 

The Toum Judge. —The judicial officer of the village 
or town is a police judge, who tries minor offenses and 
holds examniing trials of higher crimes. 

Of City Officials. 

All Cities Have a Mayor and Council. —As population 
increases, cities with from five thousand to millions are 
the consequence, and of course government becomes more 
complex. We expect to find these differing in govern¬ 
mental functions and in numbers and nature of officials 
employed. All cities have a mayor and a council. 

The Mayor. —The mayor is the executive head and 
chief officer of the city. His duties vary. In some cities 
he appoints the heads of departments and removes them 



48 


A STUDY OF CIVIL GOVERNMENT 


at pleasure. lie has the right to veto acts of the city 
council, and it requires two-thirds majority to pass over 
his veto. He is often a member of important depart¬ 
ments, and in the main controls their action. He pre¬ 
sides at council meetings, and possesses the power of 
voting in case of a tie. Hue to local conditions, or ab¬ 
sence of legislative restriction, no man in America ap¬ 
proaches nearer dictatorship in governmental affairs 
than the mayor in many of our cities. 

The City Council or Legislature .—The city council, 
or legislative body, of a city sometimes consists of two 
bodies: the common council and the board of aldermen; 
often of a single body called by one of these names. They 
legislate as to what paving is needed, streets to be lighted, 
street railways to be built, sewers to be placed, museums, 
libraries and parks to be built, all matters relating to 
police, public schools, care of poor, taxation to meet ex¬ 
penditures, public health, etc. 

Some Other Officials. —There is a City Treasurer, 
who receives money for the city and pays out on warrants 
from the auditor. 

The City Auditor stands guard over the treasury, not 
a cent going out without his signature. No wonder that 
this post is one which in large cities disaster often over¬ 
takes, because where one man controls millions at the 
stroke of a pen, great temptations lie in wait. 

The Police Department requires at its head a police 
commissioner, with its captains, sergeants and patrol¬ 
men. They are agents of execution of law. 

The Board of Education, consisting of five or more 
members, attends to the public-school interests. In a 
city like New York, they expend forty millions of dollars 
annually. What a chance for philanthropy or thievery! 

The Public Hospitals, Asylums, Poor Houses, etc., 
are under the control and management of a commissioner 
of public charities. 

Assessors and Collectors compose another department 
of city taxes. 



THE VILLAGE AND CITY 


49 


The Water Department has control of reservoirs, 
aqueducts, water mains and sewers. 

The Fire Commissioner has an army of fire-figliters 
under his control. 

There is a Department of Public Health that sees that 
houses, districts and people are kept free from filth and 
disease. Men of medical skill and training make up this 
department. 

Who Elects. —The mayor and members of the city 
council are usually elected by the qualified voters of the 
city. The other officers are generally appointed by the 
mayor. 

Cities are Strange Growths. —From earliest antiquity 
to this good hour cities have been the pride and scourge 
of the earth. Into them commerce has poured its gold, 
agriculture has swept her products, mining has dumped 
her ores and manufacture has been a loyal slave; and 
yet, from ancient Babylon to greater New York, the 
cities have been such putrefying sores on the body politic 
that it is difficult to find an excuse for their existing at all. 

Sources of Weakness. — Concentrated wealth and 
power, with man’s propensity to yield to temptation, are 
the factors which bring cities to shame. New York’s 
mayor controls more patronage directly than the presi¬ 
dent of the United States. One councilman in Boston 
represents more people than any two congressmen of 
Oklahoma, and yet he can walk about his district in two 
hours. Hardened criminals, starving tenement dwellers, 
irresponsible foreigners, heartless politicians and the 
Satanic rich are massed together against the pure ballot, 
and corruption is the inevitable result. 

Present Conditions and Future Hope. —Within the 
last five years the world has been shaken to the center 
by revelations and exposures of diabolical city officials. 
Philadelphia, St. Louis, San Francisco and other cities 
have presented themselves as civic cesspools. But be¬ 
hind every revelation is a reformer. Back of every re¬ 
former is*a body of people who love civic righteousness. 






50 


A STUDY OF CIVIL GOVERNMENT 


Out of this phase of the municipal dilemma gleams the 
light of hope. Hope that some day a way will be opened 
by which the nation’s political fens—its cities—will be 
cleared by intelligent ballots of their liquor-bloated poli¬ 
ticians, their vote-selling thugs, their smug and danger¬ 
ous rich. Then the city will cease to be a menace to the 
state and nation, and the experiment of righteous gov¬ 
ernment will have won its final and grandest success. 

SUGGESTIVE QUESTIONS. 

1. What brings towns and cities into being? 

2. Tell how a village is governed. 

3. What officers do all city governments have? 

4. Give the duties of the mayor in a large city. 

5. Why is he given so much power, and is this right? 

6. What is the legislative body in such cities as New York, St. Uouis ana 

Oklahoma City? 

7. What are some other officers of the city and their main duties? 

8. Tell the story of mismanagement and corruption in some cities of this 

country. 

9. Why are cities so hard to govern well? 

10. What will purify them at last? 

QUESTION FOR DEBATE. 

Resolved, That the commission form of city government is best. 


CHAPTER X. 


THE STATE. 


What constitutes a state? 

Not high-raised battlement or labored mound. 

Thick wall or moated gate; s 
Not cities proud with spires and turrets crowned. 
Not bays and broad-armed ports 
Where, laughing at the storm, rich navies ride ; 

Not starred or spangled courts. 

No! Men, high-minded men— 

Men who their duties know, 

And know their right and knowing, dare maintain— 
Prevent the long-aimed blow 
And crush the tyrant while they rend the chain— 
These constitute a state: 

And sovereign law that with collected will 
On crowns and globes elate, 

Sits empress, crowning good, repressing ill. 

—Sir William Jones. 


SONG, “OKLAHOMA.” 

A Toast. 

I give you a land of sun and flowers 
And summer, the whole year long; 

I give you a land where the golden hours 
Roll by to the mocking bird’s song. 

Where the cotton blooms ’neath the southern sun ; 

Where the vintage hangs thick on the vine, 

A land whose story is just begun. 

This wonderful land of mine. 

Chorus: Oklahoma! Oklahoma! fairest daughter of the west; 
Oklahoma ! Oklahoma ! ’tls the land I love the best. 

We have often sung her praises. 

But we have not told the half; 

So I give you “Oklahoma,” 

’Tis a toast we all can quaff. 

A land where the fields of golden grain 
Like waves on a sunlit sea, 

As it bends to the breezes that sweep the plain. 
Waves a w r elcome to you and me. 

Where the corn grows high 'neath the smiling sky ; 

Where the quail whistles low in the grass 
And the fruit trees greet with a burden sw r eet 
And perfume the winds that pass. 

—Harriet Parker Camden. 


TERRITORIAL CONDITIONS. 

Introductory. 

Oklahoma Forty-Sixth State. — The state of Okla¬ 
homa is the forty-sixth in the galaxy of states. It is 
composed of what was formerly the territory of Okla¬ 
homa and the Indian Territory. 


52 


A STUDY OF CIVIL GOVERNMENT 


% 

Indian Territory Part of Louisiana Purchase. —Prior 
to 1890 the entire area constituting the state was known 
as the Indian Territory. It had been the home of nu¬ 
merous tribes of Indians since the Louisiana Purchase, 
of which it formed a part, in 1803. Upon the 30tli of 
April of that year the Treaty of Paris was concluded 
between Prance and the United States, and in that treaty 
it is recited that the “French republic has an incontest¬ 
able title to the domain and to the possession of Louisi¬ 
ana.” In Article III is this significant language: 

“The inhabitants of the ceded territory shall be incorporated in the union of 
the United States, and admitted as soon as possible, according to the principles 
of the federal constitution, to the enjoyment of all the rights, advantages and 
immunities of citizens of the United States ; and in the meantime they shall be 
maintained and protected in the free enjoyment of their liberty, property and 
the religion which they profess.” 

States Carved out of Louisiana Purchase. —Since 1803 
fourteen states have been wholly or partially carved out 
of the empire included in the Louisiana Purchase. But, 
to the people of Oklahoma, how long the realization of the 
guaranty contained in the Treaty of Paris—the priceless 
boon of statehood! 

Oklahoma and Indian Territory Separate and Dis¬ 
tinct. —Prior to statehood and subsequent to 1890 the ter¬ 
ritory of Oklahoma and Indian Territory had been sepa¬ 
rate and distinct territories. The vast area comprised 
reservations of the Five Civilized Tribes—Creek, Semi¬ 
nole, Cherokee, Choctaw and Chickasaw; also the Sac and 
Fox, Iowa, Kansas, Pottawatomie, Shawnee, Cheyenne, 
Arapahoe, Apache, Comanche, Wichita, Osage, Kiowa, 
Caddo, Wyandotte, Delaware, Pawnee, Tonkawa, Snake, 
Kickapoo, Otoe, Ponca, Seneca, Modoc, Quapaw and pos¬ 
sibly some others. By act of congress in 1890 the terri¬ 
tories of Oklahoma and Indian Territory as they existed 
up to the time of statehood, were created. A brief sum¬ 
mary, showing the transition from territorial to state 
government, will now be given. 

Oklahoma Territory. 

Its Creation and Government. —The territory of Okla¬ 
homa was created May 2, 1890. Upon April 22, 1889, by 


A 



THE STATE 


53 


proclamation of the president, a tract of more than five 
million acres was thrown open to settlement. This was 
land purchased from the Creeks and Seminoles by the 
federal government. Fifty thousand people entered the 
reservation the first day, but for more than a year the 
people were without organized government, except the 
I nited States court, which sat at Muskogee. Subse¬ 
quently a strip of land 170 miles long and 35 miles wide, 
known as “No Man’s Land” (so called because not in¬ 
cluded in any state or organized territory), was organ¬ 
ized as a part of the territory. The latter strip now com¬ 
prises Cimarron, Texas and Beaver counties. In 1891 
nearly 300,000 acres, formerly lands of the Sac and Fox, 
Iowa, Pottawatomie, Shawnee, Cheyenne and Arapahoe 
Indians, were opened to settlement; and in 1893 the Cher¬ 
okee Strip of 6,000,000 acres, comprising lands of the 
Cherokees, Tonkawas and Pawnees, were opened. After 
these openings, practically the only lands left occupied 
exclusively by Indians were those of the Osage Nation 
and Kickapoos, and those of the Kiowas, Wicliitas, Co- 
manches, Caddos and Apaches in the southwestern por¬ 
tion of the state, out of which have been organized the 
counties of Comanche, Tillman, Kiowa and Caddo. The 
lands of the latter tribes were allotted and opened to 
settlement in 1901. 

Oklahoma Given Territorial Government .—In 1890 
the territory of Oklahoma was given full territorial gov¬ 
ernment. The executive power of the territory was 
vested in a governor and secretary, appointed by the 
president, and other subordinate officers provided by the 
territorial laws. The legislative power was vested in 
an assembly, elected by the people, consisting of a coun¬ 
cil and house of representatives, numbering thirteen and 
twenty-six members respectively. The judicial power 
was vested in a supreme court, district courts; probate 
courts and justices of the peace. The supreme court, 
under the organic act, consisted of three justices, ap¬ 
pointed by the president, but later the number was in¬ 
creased to seven. Each supreme justice held court in 
a district designated by the supreme court, and when 



54 


A STUDY OF CIVIL GOVERNMENT 


sitting together, they constituted the supreme court of 
the territory. The probate courts and justices of the 
peace and all other county officers which we now have 
were elected by the people. The territory was divided 
by the organic act into seven counties, named, respect¬ 
ively, First to Seventh. The names of these counties 
were subsequently changed to the following, which names 
they held until changed by the state constitution: Grant, 
Kay, Garfield, Noble, Kingfisher, Logan, Payne, Lin¬ 
coln, Oklahoma, Canadian, Blaine, Caddo, Custer, Dewey, 
Day, Woods, Woodward, Beaver, Greer, Roger Mills, 
Kiowa, Washita, Comanche, Cleveland, Pottawatomie. 

Guthrie was created the seat of government. A dele¬ 
gate to congress, to be elected by the qualified voters of 
the territory, was provided for. He had a seat in con¬ 
gress, but no vote. 

Greer County. —There had been a dispute for a num¬ 
ber of years between the state of Texas and the United 
States over the ownership of Greer county, and provision 
was made in the organic act for a settlement of that con¬ 
troversy by the supreme court of the United States. The 
point in dispute was whether the north fork or south 
fork of Red River was the boundary between the Indian 
Territory and Texas, according to the treaty of 1819, 
entered into by Spain and the United States. The su¬ 
preme court in 1895 determined that the south fork was 
the true boundary and that Greer county was subject to 
the jurisdiction of the United States. 

suggestive questions. 

1. In the order of admission to the union what place does Oklahoma occupy '/ 

2. Of what large tract is Oklahoma a part? 

3. What provision was contained in the treaty of Paris? 

4. How many states have been formed out of Louisiana Territory? 

5. What Indian nations comprised Oklahoma and Indian Territory prior to 

statehood? 

G. When was Oklahoma Territory created? 

7. Describe the opening of the various tracts of Indian lands. 

8. When was Oklahoma Territory given territorial government? 

9. Describe its territorial government. 

10. What is said about Greer county? 


Indian Territory. 

Its Creation, Subdivisions and Government—Home of 
the Five Civilized Trib es. —By the same act which ere- 



THE STATE 


55 


ated tlie territory of Oklahoma the Indian Territory as 
it existed prior to statehood was created. 

This territory comprised the home of the Five Civil¬ 
ized Tribes—the Cherokee, Creek, Seminole, Choctaw 
and Chickasaw. These tribes had been granted the lands 
included in the Indian Territory, as now defined, by 
treaties entered into between the tribes and the United 
y or sixty years previously, under the terms 
of which the tribes accepted the lands granted in lieu of 
their lands in the Carolinas, Alabama, Georgia, Florida 
and Mississippi, and agreed to remove from those states 
to the Indian Territory. Under the terms of the grants 
some of these tribes were to have the ceded lands “as 
long as the grass grows and the water flows.’’ 

Government of the Five Civilized Tribes. —Prior to 
1898 the Five Civilized Tribes exercised their functions 
of government, each having a complete set of officials. 
Each had a chief, or governor, tribal courts and legisla¬ 
tures or councils. Even since 1898, although the tribal 
courts were abolished, their governments have been con¬ 
tinued in a modified form for the purpose of winding up 
the tribal affairs. 

Civil Government in Indian Territory. —Under the 
act of 1890 the Indian Territory was divided into three 
judicial divisions, and the United States judge appointed 
under the act of 1889 was limited in his jurisdiction to 
the three divisions. In 1895 these divisions were changed 
to the Northern, Central and Southern districts, and at 
the time of the admission of the state another district 
had been added, namely, the Western. The Northern 
district comprised the Cherokee Nation; the Western dis¬ 
trict, the Creek and Seminole Nations; the Central dis¬ 
trict, the Choctaw Nation, and the Southern district, the 
Chickasaw Nation. At the time of the admission of the 
state there were two United States judges for each dis¬ 
trict, four of whom constituted the United States court 
of appeals of the Indian Territory, to which appeals could 
be taken from the respective districts. 


56 


A STUDY OF CIVIL GOVERNMENT 


Towns and Schools in Indian Territory .—Prior to 
1898 there were no incorporated towns in the Indian Ter¬ 
ritory, and, aside from the jurisdiction exercised over 
cities by the United States courts, there was no govern¬ 
ment. True, each Indian tribe had a government, but 
the tribes had no power or authority over white people, 
and these governments at best were wholly unable to com¬ 
bat crime and stamp it out. In 1898, there were upward 
of 350,000 persons in the Indian Territory, and the coun¬ 
try was dotted with towns ranging in population from 
100 to 5,000. Yet there was no organized town govern¬ 
ment in any of these. There were i\p schools except the 
Indian schools, to which only Indian children were eligi¬ 
ble, except upon payment of a tuition. True, there was 
occasionally a neighborhood school, supported by private 
subscription, but these were not many, and thousands 
of children were growing up in ignorance. Ardmore, 
Muskogee, South McAlester, Cliickaslia, Vinita, Pauls 
Valley and one or two other towns, each had a population 
of from 1,500 to 5,000, yet there was no police protection, 
no protection for the health of citizens, and no public 
schools. In truth, no town government. In 1898 con¬ 
gress passed a law known as the “Curtis bill,” which 
permitted towns to incorporate and form municipal gov¬ 
ernments, and the people within a few months organized 
modern, up-to-date municipalties. Unsightly frame pri¬ 
vate school buildings soon gave way to modern brick and 
stone structures, and thousands of poor children in the- 
towns who were unable to pay tuition to attend private 
school were now enabled to secure the benefits of the 
public school. 

.Pauls Valley First Town to Have Public School .— 
Pauls Valley was the first town in the Indian Territory 
to establish a public school, and it is a fact worthy of 
mention that two men who took prominent part in shap¬ 
ing that event are in charge of the public-school system 
of Oklahoma. State Superintendent E. D. Cameron, then 
a resident of Pauls Valley, together with Hon. J. B. 
Thompson, was more instrumental than any other in 
molding sentiment in favor of the public school, and Mr. 



THE STATE 


57 


J. W, Wilkinson, assistant state superintendent, was its 
first principal. 

Terms of Enabling Act; Status of Indians. —By the 
terms of the enabling act, admitting the state of Okla¬ 
homa into the union (Sec. 1), and the constitution of the 
state (Art. I, Sec. 3), the United States retains, and the 
state disclaims, all right and title in or to 4 ‘all lands 
lying within the limits of the state, owned or held by 
any Indian, tribe or nation; and that until the title to 
any such public land shall have been extinguished by the 
JJnited States, the same shall be and remain subject to 
the jurisdiction, disposal and control of the United 
States.” 

It therefore becomes exceedingly important for the 
future citizen of Oklahoma to know the status of the 
Indians residing in old Oklahoma Territory, and in that 
portion of the state formerly known as Indian Territory, 
inasmuch as those Indians have a dual responsibility and 
citizenship, which is not at first easily understood. They 
are amenable to the laws of the state in everything ex¬ 
cept their property rights, and in the latter, subject to 
the qualifications and limitations above quoted. 

Supervision of Department of Interior. —The depart¬ 
ment of the interior at Washington has from the first 
had and still has under the terms of the enabling act and 
the state constitution power and authority to allot the 
lands to the Indians. There is an Indian agency, called 
the Union agency, at Muskogee, which together with the 
commissioner to the Five Civilized Tribes (an officer 
appointed by the president), represents the department 
of the interior in winding up the affairs of the Five Civ¬ 
ilized Tribes. There are also Indian agencies at Ana- 
darko and Pawhuska. 

Allotment of Lands. —Each Indian has an allotment 
which consists of a tract of land varying in size from 
forty acres to several thousand. The acreage of the allot¬ 
ment is determined by its value. 

Indians and Slaves. —The Five Civilized Tribes owned * 
slaves before the Civil War, and these slaves of Indians 


58 


A STUDY OF CIVIL GOVERNMENT 


and their descendants are called freedmen. Eacl^ free¬ 
man has an allotment, which varies in size in the differ¬ 
ent nations. The land of freedmen and the homesteads 
of the Indians cannot be disposed of during the lifetime 
of the Indian, not exceeding twenty-one years. 

Leasing of Indian Lands; Minerals .—Each Indian 
can allot lands located only in the nation of which he is 
a member, except the Choctaws and Chickasaws, who 
may allot lands located in either the Choctaw or Chick¬ 
asaw Nations. The Indians are permitted to lease all 
their lands except homesteads, and under some circum¬ 
stances may lease the homestead. They receive a royalty 
upon the production of minerals, oil and gas, and in the 
Osage, Creek and Cherokee Nations these royalties in 
some instances amount to thousands of dollars per year. 
The department of the interior has supervision of leases 
made by Indians by blood. 

Indian Schools. — There is also a vast amount of 
money held in trust by the government for the Indians 
for support of Indian schools. Prior to statehood Indian 
children could attend these schools free. In the Indian 
Territory these schools were-under the supervision of 
John P. Benedict, who, during a superintendency of ten 
years, developed the system to a high degree of efficiency. 


suggestive questions. 

1. When was Indian Territory created? 

2. What tribes lived in this territory? 

3. Describe the government of the Five Civilized Tribes. 

4. Give a brief summary of the government by the United States in Indian 

Territory prior to statehood. 

5. What was the condition of towns and schools in Indian Territory prior to 

statehood ? 

6. What is the legal status of Indians and Indian lands in the state? 

7. What supervision has the department of the inetrior in the state? 

8. Of what does an allotment consist? 

9. What are freedmen and what provision is made relative to them? 

10. What provision is made relative to leasing lands of Indians? 

11. What is said about Indian school funds? 

QUESTIONS FOR DEBATE. 

1. Resolved, That Oklahoma and Indian Territory should be separate states. 

2. Resolved, That territorial government was preferable to statehood. 




CHAPTER XI. 


THE STATE-CONTINUED. 

The Constitutional Convention. 

Struggle for Statehood. —For seventeen years Okla¬ 
homa and Indian Territory had been clamoring for state¬ 
hood. The territory of Oklahoma, having a delegate in 
congress, possessed an advantage over the Indian Ter¬ 
ritory. The latter had no voice in congress and no 
authorized representative who had local pride and inter¬ 
est in its development and progress, entitled to recogni¬ 
tion by the executive and legislative powers in Wash¬ 
ington. For seventeen years Oklahoma and Indian Ter¬ 
ritory had been sending their patriotic volunteer dele¬ 
gations annually to the seat of government, knocking 
at the doors of congress for admission to the union, in 
a vain endeavor to secure the performance of the guar¬ 
anty contained in the Treaty of Paris. 

Who, among those who lived in the two territories, 
and particularly in the Indian Territory, for any con¬ 
siderable number of years, can ever forget the struggle 
for statehood? Meetings without number were held, 
countless resolutions were passed, hundreds of citizens 
and delegations made the annual pilgrimage to Washing¬ 
ton, only to return home in gloom and disappointment. 
The repeated disappointments, however, only served to 
make the efforts of the people more determined and per¬ 
sistent, and on June 16, 1906, the enabling act was ap¬ 
proved by the president. 

Provisions of Enabling Act; Meeting of Convention. 
This act provided for the formation of one state out of 
the two territories, and that delegates to a constitutional 
convention should meet on the second Tuesday after 
their election. The election for delegates was held Nov. 
6, 1906, and on the 20tli the delegates met in convention 
at Guthrie. The proposed state of Oklahoma had com¬ 
menced to make history! 



60 


A STUDY OF CIVII, GOVERNMENT 


Convention Composed of 112 Delegates. —The con¬ 
stitutional convention was composed of 112 delegates, 
99 of whom were democrats, 12 were republicans and 1 
was independent. To the democrats therefore necessa¬ 
rily belong the credit and honor of writing the constitu¬ 
tion of Oklahoma. 

Meeting of Convention. —Of the meeting and sessions 
of the convention no better pen picture lias been drawn 
than that by tlie well-known writer, Frederic Upliain 
Adams, which we give: 

“The city hall of Guthrie will be known as the birthplace of the Oklahoma 
constitution, and we can look forward to a day when grandchildren ten genera¬ 
tions remote will stand with uncovered heads and gaze about the crumbling 
interior of the room in which their inspired forefathers penned the immortal 
document which bequeathed them all of their wonderful prosperity. Doubtless 
there will be handed down to them tales of the ridicule and obloquy which was 
heaped on these pioneers who dared build a ship of state with turbine engines 
instead of masts and sails, and doubtless they will believe that all of wisdom 
perished with the men who happened to draft their constitution. . . . Let me 
contribute one picture for the future schoolbook historian. Scene, Guthrie ; 
time, the spring of 1907 ; location, the city hall, from the tower of which one 
can look out on a sea of undulating hills and prairies checker-boarded with tields 
of cotton and corn, and dotted to the horizon with herds of cattle. Within the 
hall are met the stalw-art farmers who are framing the new constitution. 
Hovering about them are the lawyers and lobbyists who are there to represent 
the corporations and other ‘vested interests.’ It is only a resetting of the woi’ld- 
old picture of the battle of the masses against fortified power, save that the 
latter has been stripped of the weapons of force. The delegates are gathering. 
It is the day when there shall be decided the question of whether the ‘initiative 
and referendum’ be incorporated in the constitution. There are rumors that 
money has been used to advantage with delegates pledged for this radical reform. 
Excited farmers discuss the possibility, and glare at the well-groomed attorneys 
who are arguing with the delegates. 

“Chairman Bill Murray mounts the platform and sweeps the hall with his 
piercing glance. Down comes his gavel with repeated crashes on his table. The 
tumult ceases. ‘The convention will come to order!’ Murray shouts, with a 
final blow of the gavel. ‘Delegates will take their seats, loafers and lobbyists 
will get out! We will begin by singing that grand old hymn. “Nearer, my God 
to thee,” and as every delegate arises to his feet the wonderful voice of the 
chairman rings out with words which all know and sing: 

“ ‘Nearer, my God, to thee, 

* Nearer to thee. 

E’en though it be a cross 
That raiseth me ; 

Still all my song shall be. 

Nearer, my God, to thee, 

Nearer to thee.’ 

“If an attempt was made to use money to sway the votes of the men in 
Guthrie it had as little effect as it would on Cromwell’s covenanters. . . . The 
lobbyist is out of his depth in a place where men open their proceedings with 
‘Nearer, my God, to thee.’ and scores of times when the Oklahoma delegates met 
In that Guthrie hall its walls shook with the chorus of men who attempted to 
vote as they sang.” 

Constitution Completed. —The constitutional conven¬ 
tion was in session, barring a recess during the holidays 
and another during the spring of 1907, until July 16, 
1907, at which time it presented to the people the com¬ 
pleted constitution. 


THE STATE 


61 


Opposition to Adoption; Election on Constitution .— 
The division of old counties of Oklahoma, the creation 
of counties in Indian Territory (it had no counties), and 
the location of county seats, aroused vigorous opposition 
in the affected localities, while, added to this opposition 
was the unabated antagonism of federal officeholders and 
corporations. The convention was assailed with injunc¬ 
tions, and its membership charged with being corrupt 
and ignorant, but throughout the entire period until the 
signing of the president ’s proclamation, the defenders of 
the constitution remained firm and pressed home to the 
citizenship of Oklahoma the merits of that document. 
Upon Sept. 17, 1907, the anniversary of the adoption of 
the constitution of the United States, the constitution 
was adopted by an overwhelming vote of the people and 
shortly thereafter was submitted to the president for his 
approval. It must be understood that under the terms 
of the enabling act the president had the power to ap¬ 
prove or disapprove the constitution, and determined 
efforts were made by the opponents of statehood to pre¬ 
vent his approval. A committee, composed of Messrs. 
Ledbetter, Hayes and Moore, together with Hon. J. B. 
Thompson, went to Washington to present the views of 
the convention and the advocates of statehood, and the 
president announced later that he would approve the con¬ 
stitution and issue his proclamation. 

Signing of President’s Proclamation. —Upon Satur¬ 
day, Nov. 16, 1907, at 9:16 o’clock a. m. (10:16, Wash¬ 
ington time), the news was flashed over the wires from 
Washington that President Roosevelt had affixed his sig¬ 
nature to the proclamation granting statehood. Who, 
among those who favored statehood, will ever forget the 
sensation of joy and happiness which thrilled his soul 
when the news reached Oklahoma! Whistles blew, bells 
rang, guns were fired and strong men shouted and shed 
tears for joy. The Twentieth Century Constitution—a 
new declaration of independence, as it were—was to be 
placed on trial and the empire state of Oklahoma had 
taken its place in the sisterhood of states. 




62 


A STUDY OF CIVIL GOVERNMENT 


Inauguration of Governor Haskell .—It must be under¬ 
stood that as soon as the proclamation was signed the 
law which had previously been in force in the Indian 
Territory ceased to be the law there. In order that no 
hiatus might occur between the time the old government 
ceased and the new government commenced a special 
wire was held open from Washington to Guthrie in order 
that there would be no delay in the transmission of the 
message. This precaution was taken at the request of 
the governor-elect, primarily because the Standard Oil 
company was building its oil pipe line across the line 
of the Indian Territory into Kansas. At the time the 
proclamation was signed the pipe line was only a few 
feet from the Kansas line. Governor-elect Haskell was 
aware of this fact, and he was awaiting anxiously the 
news from Washington. At 9:20 a. m. (10:20, Wash¬ 
ington time), in his apartments at the Royal Hotel, the 
oath of office was administered to the governor-elect, and 
he immediately wired instructions stopping operations 
on the pipe line! Thus, by the prompt action of the new 
governor, the people of Oklahoma had preserved to them 
the right to control and regulate the production of a 
great public commodity which was about to be piped out 
of the state! 

Inaugural Ceremonies .—A vast throng had assembled 
in Guthrie to witness the inauguration, preparations for 
which had been made in advance. An allegorical mar¬ 
riage ceremony was performed between Mr. Oklahoma 
and Miss Indian Territory, arid shortly after 12 o’clock 
noon Governor Haskell again took the oath of office in 
the presence of the vast multitude and delivered his ad¬ 
dress. That paper was a masterful document, and its 
patriotic passages should be an inspiration to every citi¬ 
zen and future citizen of the commonwealth: 

“We are here not so much for speech as you are assembled to celebrate this 
day of Oklahoma’s liberty, the day when we can raise the flag of our united 
country and feel in our hearts the pride of American citizenship. And let us 
remember now. fellow citizens, that when we gaze upon the beautiful stars 
and stripes, that it has for us in Oklahoma every feeling of pride and sentiment 
that it has for the people of any other state in the union, and more. It means 
more to Oklahoma than it does to any other state. With us. its colors are 
emblematic of other facts. It reminds us that the state of Oklahoma is the 
first of all the states of the union carved out of an area, the property of the 
native American, without having driven the original American owners from its 
borders or buried them beneath the sod. 



THE STATE 


63 


“The right of conquest may be a legal right, but God knows it has seldom ever 
been an honest source of title. Oklahoma is the exception to this rule, ‘To the 
victors belong the spoils.’ We are the first state where the original Americans, 
the owners of the soil, remained in large numbers as free and equal citizens with 
their white neighbors and took part in the formation and control of the state 
government. These nations, that upon the laws of congress have the distinction 
of being named as the ‘Five Civilized Tribes’ are uniting with their white neigh¬ 
bors on grounds of legal equality. Therefore the added pride in the flag of our 
country. We find the white stripe emblematic of the white race; we find 
the red emblematic of the red race, and uniting them beneath the field of azure 
blue we join heart and hand—the red and the white man—in saying, ‘Glory, 
glory, long live the state of Oklahoma!’ Let us have an administration of 
worthy deeds and not of empty words.” 


Our Debt of Gratitude .—When the future historian 
writes the history of Oklahoma he will, in justice, pay 
tribute to those distinguished men who composed the con¬ 
vention, and to its guiding and moving spirit, C. N. Has¬ 
kell, whom, as a reward for his able counsel and leader¬ 
ship in behalf of the people, a grateful citizenship ele¬ 
vated to the highest office in the state. 


SUGGESTIVE QUESTIONS. 

1. Describe briefly the conditions prior to statehood. 

2. When was the enabling act approved by the president, and what did it 

provide? 

3. When were delegates to the constitutional convention elected? When and 

where did they meet? 

4. W*hat number composed the convention? 

5. When was the constitution presented to the people? 

6. When was the election upon the constitution held? 

7. When did we become a state?? 

8. Describe the conditions surrounding the inauguration of Governor Haskell. 

9. What is said about our debt of gratitude to the members of the constitu¬ 

tional convention ? 


CHAPTER XII. 


CONSTITUTION OF OKLAHOMA 
THE STATE. 

“The worth of a state in the long run is the worth of the individuals com¬ 
posing it ."-—John Stuart Mill. 

Every state has a government of its own. It has a 
constitution which is adopted by the people of the state. 
This constitution is the fundamental law of the state. It 
can contain nothing, however, which is contrary to the 
provisions of the federal constitution. The constitution 
of a state is formed usually by the people of the state 
electing delegates to a convention. This convention 
makes the constitution and the people then vote upon it 
and ratify or reject it. 

Constitution to Be Republican in Form .—This con¬ 
stitution must be republican in form, for the federal con¬ 
stitution provides that each state shall have a republican 
form of government. Just what this means has not been 
defined clearly, but it may be said to be a government 
divided into three departments—where the people are 
governed by representatives chosen by them. These de¬ 
partments are the legislative, executive and judicial. 

Parts of Constitution .—Every state constitution is 
similar to the federal constitution. It is divided into 
articles, each article having reference to a particular 
subject. The constitution of the state of Oklahoma, and 
of most states, contains the following articles, in addition 
to a preamble, which usually states the objects of gov¬ 
ernment : 

Distribution of the powers of government into the 
three departments above mentioned. 

Bill of rights, which contains a statement of the inher¬ 
ent rights of individuals, in addition to such rights as 
are guaranteed under the federal constitution. 

Articles on Federal Relations; Suffrage; Impeach- 




CONSTITUTION OF OKLAHOMA 


65 


ment and Removal from Office; Corporations; Revenue 
and Taxation; State and School Lands; Homestead and 
Exemptions; Education; Banks and Banking; Oath of 
Office; Public Roads, Highways and Internal Improve¬ 
ments; Counties; Municipal Corporations; Insurance; 
Manufacture and Commerce; Public Institutions; Alien 
and Corporate Ownership of Land; Miscellaneous Pro¬ 
visions; Constitutional Amendments; and Schedule. 

We will examine these articles (twenty-four in num¬ 
ber) in their order. 


Article I. 

Federal Relations. 

The enabling act provided that the people of Okla¬ 
homa Territory and Indian Territory might form a state 
under certain conditions. These conditions had to be 
complied with or we never could have become a state. 
Our admission as a state, therefore, was a solemn con¬ 
tract. We accepted the conditions of the enabling act 
and put these provisions in our constitution in Article I. 
In this article it is declared: 

First .—That the state of Oklahoma is an inseparable 
part of the federal union and the constitution of the 
United States is the supreme law of the land. 

Second .—That every one should have a right to his 
or her religious belief; that no religious test should ever 
be required as a qualification for office; and that polyga¬ 
mous, or plural, marriages should be prohibited. 

Third .—The state disclaims, and the federal govern¬ 
ment retains, all right and title to any unappropriated 
public lands in the state and to all lands owned or held 
by any Indian, tribe or nation; and that the same shall 
remain subject to the control of the United States until 
its title shall be extinguished by the United States. 

Fourth. — Lands belonging to the citizens of the 
United States outside of the state shall never be taxed 
at a higher rate than lands belonging to citizens of the 
state; and property owned by the United States shall 
not be taxed. 



66 


A STUDY OF CIVIL GOVERNMENT 


Fifth. —The debts of the territory of Oklahoma are 
to be paid by the state of Oklahoma. 

Sixth. —A system of public schools, to be conducted 
in English, shall be provided for; and separate schools 
may be maintained for white and colored children. 

Seventh. —The state shall never enact any law re¬ 
stricting or abridging the right of suffrage on account 
of race, color or previous condition of servitude. This 
is putting into effect the provisions of the fifteenth 
amendment. 

Eighth. —The manufacture, sale or furnishing of liq¬ 
uor within that portion of the state formerly the Indian 
Territory is prohibited for a period of twenty-one years. 
Permission is given, however, for the legislature to estab¬ 
lish an agency for the sale of liquor in each town of over 
2,000 people, where sales may be made for medical pur¬ 
poses only upon prescription of a doctor. These provi¬ 
sions of the constitution are not applicable to that por¬ 
tion of the state formerly Oklahoma territory. 

Article II. 

Bill of Rights. 

Its Province. —The bill of rights is contained in Arti¬ 
cle II. It is an enumeration of rights guaranteed to 
every citizen of Oklahoma, and they are in addition to 
those guaranteed every citizen under the first eight 
amendments of the federal constitution. No law can 
be passed by the state legislature, nor any act committed 
by any person, which in any way infringes upon any of 
these rights. Prominent among them, wherein they differ 
materially from the federal constitution and other state 
constitutions, are the following: 

Personal Attention to Duties. —Every officer elected 
or appointed shall give personal attention to the duties 
of his office. 

Information; Indictment; Grand Jury. — A person 
may be prosecuted by information; that is to say, when 
a person is charged with crime the county attorney may 




CONSTITUTION OF OKLAHOMA 


67 


file a paper called an information, charging the person 
with an offense, and that person may be brought to trial 
upon it. A g*rand jury has nothing to do with an infor¬ 
mation. An indictment is always found by a grand jury, 
which in this state consists of twelve men, any nine of 
whom may find an indictment or “true bill.” The grand 
jury may meet upon order of the judge or upon petition 
of 100 resident taxpayers. 

Trial of Gases; Verdict. —In the trial of civil cases 
(which means all cases not criminal), and in criminal 
cases for the trial of misdemeanors, three-fourths of the 
jury may render a verdict. In most states, all the jurors 
are required to concur. 

Libel; Definition. —A person cannot be convicted of 
libel if what is written or published is true. Libel is the 
malicious writing or publishing of an untrue statement 
about another. 

Levees, Drains and Ditches. —A person may build a 
drain or ditch across the lands of another without his 
consent where the ditch or drain is to be used for agri¬ 
cultural, mining or sanitary purposes. In this connection 
attention is directed to section 3 of Article XVI, which 
provides that the legislature shall regulate levees, drains, 
ditches and irrigation, and that a person who is benefited 
by them may be compelled to contribute toward their 
construction. These two provisions are exceedingly im¬ 
portant to farmers and are not, we believe, to be found 
in any other constitution. 

Contempt; Definition. —“In no case shall a penalty 
or punishment be imposed for contempt until an opportu¬ 
nity to be heard is given.” Contempt is where one wil¬ 
fully disobeys an order of a competent court. No per¬ 
son can be convicted of violating an order of injunction 
when not in the presence of the court, without a trial by 
jury. This provision is not to be found in any other 
constitution and is designed to safeguard the rights of 
the individual. An injunction is an order of a competent 
court, commanding or prohibiting the commission of an 
act. 



68 


A STUDY OF CIVIL GOVERNMENT 


Evidence Tending to Establish Guilt of Another .— 
A person may be compelled to give evidence tending to 
establish the guilt of any other person or corporation, 
even though that evidence may tend to incriminate him, 
but no person giving such evidence can be prosecuted on 
account thereof. In this connection it is well to consider 
the provisions of section 21 of the bill of rights and the 
fifth amendment to the federal constitution, which pro¬ 
vide that no person shall be compelled to be a witness 
against himself. 

Corporations; Open to Inspection. — The records, 
books and files of corporations shall be at all times sub¬ 
ject to inspection under authority of the state. See also 
subdivision, ‘ ‘ Corporations. ’ ’ 

No Person to Be Transported Out of State. —No per¬ 
son shall be transported out of the state for any purpose 
without his consent, except as is provided by law. This 
provision was enacted because of the kidnaping of Hay¬ 
wood in Colorado and his removal without his consent 
and without a requisition to Idaho. 

State May Engage in Business. —The state may en¬ 
gage in any occupation or business for public purposes, 
except it shall not engage in agriculture for any other 
than educational or scientific purposes. 

Other Provisions. —Other provisions usually found 
in state constitutions, and contained in ours, are as fol¬ 
lows : 

All political power is declared to be inherent in the 
people, and they have the right to alter or amend their 
government, provided the latter be not repugnant to the 
constitution of the United States. All persons have the 
inherent right to life, liberty and the pursuit of happi¬ 
ness; and the right to peaceably assemble and petition 
for the redress of grievances. No power, civil or mili¬ 
tary, shall interfere to prevent the free exercise of the 
right of suffrage. Public money shall not be appropri¬ 
ated for any church or preacher; the courts shall always 
be open; no person shall be deprived of life, liberty 
or property without due process of law; excessive bail 




CONSTITUTION OF OKLAHOMA 


69 


shall not be required; nor cruel and unusual punishment 
inflicted. The privilege of the writ of habeas corpus 
shall never be suspended. No member of congress or 
person holding any office of trust under the laws of an¬ 
other state, or of the United States, shall hold any office 
in this state. Imprisonment for debt is prohibited, and 
the military shall be held in strict subordination to the 
civil authority. Ex post facto laws, bills of attainder 
and laws impairing the obligation of contracts, shall not 
be passed. In courts of record, other than the county 
court, a petit jury shall consist of twelve men, but in 
county courts and courts not of record, the jury shall 
consist of six men. In civil cases and in cases less than 
felony, three-fourths of the jury may render a verdict. 
In felony cases, the whole number of jurors must concur 
in order to render a verdict. When the verdict is ren¬ 
dered by less than the whole number, it shall be signed by 
each juror concurring therein. The accussed shall have 
the right to a speedy, public trial by an impartial jury 
of the county where the crime shall have been committed; 
and shall be confronted with the witnesses against him. 
No private property shall be taken for private use unless 
by consent of the owner, except for private ways of ne¬ 
cessity or for drains and ditches. Search warrants shall 
only issue upon probable cause, supported by oath. Mo¬ 
nopolies are prohibited. 

Article III. 

Suffrage . 

How Right Is Regulated .—Suffrage means the right 
to vote. The federal constitution contains nothing upon 
this subject except that contained in article I, section 2; 
article IV, section 2; amendment XIV, section 1; amend¬ 
ment XV. This last amendment provides that the right 
to vote shall not be denied “on account of race, color or 
previous condition of servitude.” Prior to the passage 
of this amendment negroes were not citizens and could 
not vote. The provision of the fifteenth amendment, 
however, is only a restriction on the right of congress 
to pass a law, but section 2 of said amendment states 


70 


A STUDY OF CIVIL GOVERNMENT 


that congress shall provide for its enforcement by appro¬ 
priate legislation. No law has been passed by congress 
upon the subject, and each state is left to regulate the 
right to vote. If this right belongs to any particular per¬ 
son, it is because such person is entitled to it by the laws 
of the state where he offers to vote and not because of 
citizenship in the United States. 

Qualifications of Electors. —Our constitution provides 
that the qualified electors of this state shall be male citi¬ 
zens of the United States and of the state, or male per¬ 
sons of Indian descent native of the United States, who 
are over the age of 21 years, who have resided in the 
state one year, in the county six months, and in the elec¬ 
tion precinct thirty days next preceding the election at 
which anv such elector offers to vote. 

Disqualifications. —No person convicted of a felony 
after the adoption of the constitution unless granted the 
right by the governor, or other proper authority; no 
person while kept in a poorhouse or other asylum at pub¬ 
lic expense; except federal and confederate ex-soldiers; 
no person in a public prison; nor any idiot or lunatic 
shall be entitled to vote. 

Members of Army or Navy; Right to Vote. —For the 
purpose of voting, no member of the army or navy of 
the United States shall gain a residence in the state by 
reason of being stationed in the state; nor shall any such 
person lose a residence in the state while absent from 
the state in the military or naval service of the United 
States. 

Right to Vote; Females; School Elections. —Until oth¬ 
erwise provided by law, female citizens possessing like 
qualifications of male electors shall be entitled to vote 
at school elections. 

Election Board; Direct Vote for Senators. —The legis¬ 
lature is given power to provide for the creation of an 
election board, not more than a majority of whose mem¬ 
bers shall be selected from the same political party; shall 
provide for all elections; and at the time the federal 
constitution shall permit the election of United States 




CONSTITUTION OF OKLAHOMA 


71 


senators by direct vote of tlie people, the legislature shall 
provide for their election as for the election of governor. 

Mandatory Primary .—The legislature is directed to 
provide for the nomination of all candidates in all elec¬ 
tions by political parties at a primary. 

Elections; Vote by Ballot; Registration .—The people 
shall vote by ballot and the legislature is directed to 
provide for the manner of election and for the registra¬ 
tion of electors. When registration is required, no per¬ 
son shall vote except he be registered according to law. 

Elections; Limitations on Civil and Military; Privi¬ 
lege Erom Arrest .—Elections shall be free and equal. 
No power, civil or military, shall ever interfere to pre¬ 
vent the free exercise of the right to vote; and electors 
shall, except for treason, felony or breach of the peace, 
be privileged from arrest during their attendance on 
elections, and while going to and from the same. 

Article IV. 

Distribution of Powers. 

Our state government is divided into three depart¬ 
ments; namely, the legislative, or lawmaking; the execu¬ 
tive, or law-enforcing; the judicial, or law-interpreting. 
These departments under our constitution shall remain 
separate and. distinct, and neither shall exercise the pow¬ 
ers belonging to either of the others. 

Article V. 

Legislative Department. 

How the Legislature Does Business. — Each house 
meets apart from the other. It meets in a large hall at 
the capitol of the state. The meeting place of the senate 
is called the “senate chamber”; that of the house, the 
“hall of the house of representatives.” Each member 
has a desk. These desks are arranged in a half circle 
about the desk of the presiding officer. Each house has 
several officers and employes, which are either elected 
by each house or appointed by the presiding officer. 





72 


A STUDY OF CIVIL GOVERNMENT 


The Party Caucus. —The democrats and republicans 
of each house meet separately in caucus the night before 
the legislature meets. A chairman is selected and this 
chairman continues to act as chairman at all “party cau¬ 
cuses” held during the session. Whenever any bill comes 
up for passage which involves a party principle or upon 
which the party wishes to go “on record,” a caucus is 
held, the bill or matter is discussed, and the caucus de¬ 
termines what action shall be taken. This is called a 
“party caucus.” When the bill comes up in either house, 
the members usually vote as the caucus instructed them. 

The first caucus, which is held the night before the 
legislature meets, decides what persons will be voted for 
the next day, and whichever political party has the major¬ 
ity elects these persons as officers and employes. The 
election of officers and employes is usually simply a rati¬ 
fication of everything that was done beforehand in the 
party caucus. 

Employes of the Legislature. —The employes of each 
house, with their duties, are as follows: 

The head employe of each house is the Secretary of 
the Senate and Chief Clerk of the House. This per¬ 
son has charge of all the other employes in each house; 
sees that they attend to their duties; signs all official com¬ 
munications; prepares and signs the journal of each 
day’s business, and performs such other duties as he may 
from time to time be instructed to perform by the house. 
He has one or more assistants. 

The Reading Clerk is a man with a loud voice. He 
must read everything loud enough for all members to 
hear. When the roll is called, in order that the yeas and 
nays may be taken, he has a sheet of paper with the name 
of each member printed upon it, called the “roll,” and 
marks on it how each member votes. This is called “call¬ 
ing the roll,” and the member when his name is called 
votes “yea” or “nay.” The names of members on the 
roll are arranged in alphabetical order, as, “Allen,” 
“Baker,’’ “Carter,” etc., ending with “Mr. Speaker.” 
The reading clerk has an assistant usually. 




CONSTITUTION OF OKLAHOMA 


73 


There is a Journal Clerk, whose duty it is to prepare 
the journal each day, under the supervision of the secre¬ 
tary or chief clerk. This journal is ready every morning 
at the opening of each day’s session and tells exactly 
what was done the day before. If there is any mistake, 
a member states his objections when it is read. The 
journal is usually printed and placed upon the deck of 
each member before the hour of meeting. 

There is a Calendar Clerk. His duty is to prepare the 
calendar. The calendar states the order in which bills 
will be considered during that day and for two or three 
days in advance. The calendar is printed usually, and 
is placed upon the desk of each member every morning. 

The Sergeant-at-Arms keeps order and announces 
whenever a message is received from the other house or 
from the governor, or whenever any high public official 
visits either house. He purchases all supplies; sees that 
members have ink, writing paper, laws, etc. He has one 
or more assistants. 

There is a Chief Enrolling or Engrossing Clerk, with 
one or more assistants. Their duty is to copy with pen 
and ink in a good hand on large sheets of paper all bills 
and resolutions which have been ordered enrolled or 
engrossed. 

There are a number of Committee Clerks. These 
clerks attend to all business of the committees to which 
they are assigned. 

There is an Official Reporter and several stenogra¬ 
phers. 

The presiding officer usually has a Private Secretary. 

There is a Doorkeeper, with one or more assistants; 
also a Postmaster and Assistant Postmaster. 

The Chaplain opens each session with prayer, all the 
members usually rising. 

There are several Pages. These positions are filled 
by boys from 8 to 15 years of age. Their duties are to 
attend all sessions, run errands, carry messages and 
bills to and from members and the presiding officer. 



74 


A STUDY OF CIVIL GOVERNMENT 


Committees and the Passage of Bills. —The business 
of each house is done mostly by committees. There is a 
committee for every subject of legislation, as committee 
on “Corporations,” “Banking,” “Counties,” etc. Each 
committee consists of a chairman and two or more mem¬ 
bers. When a bill is introduced by a member it is read 
by its title and referred by the presiding officer to the 
committee having charge of matters to which the bill 
refers. This committee meets and discusses the bill and 
reports back to the house in favor of or against the pas¬ 
sage of the bill. If in favor of, the bill is read a second 
time and placed on the calendar, and is brought up in 
regular order for third reading and final passage. If 
it passes, it is signed by the presiding officer, and is sent 
to the other house, where it takes the same course. After 
passage in both houses, the bill is presented to the gov¬ 
ernor for approval or disapproval, and if he approves 
the bill, it becomes a law; if he disapproves (this act 
being called a veto), the bill is returned to the house in 
which it was introduced, and if two-thirds of the mem¬ 
bers of each house again vote for the bill it shall become 
a law. 

Senate and House; Powers; Officers. —The legislative 
authority is vested primarily in the people and in a leg¬ 
islature (Sec. 51). The legislature consists of two 
branches—the senate and house of representatives. The 
senate consists of not more than forty-four members and 
their term of office is four years (Sec. 63). The house 
consists of not more than 109 members, and their term 
of office is two years (Sec. 66). The state is divided 
until the next federal census into thirty-three senatorial 
districts. There is at least one representative in each 
county. Senators must be at least 25, and members of 
the house at least 21 years of age (Sec. 87). Members 
receive six dollars per day and ten cents per mile as com¬ 
pensation, but after sixty days have elapsed they receive 
two dollars per day (Sec. 91). The presiding officer of 
the senate is the lieutenant-governor, and he is desig¬ 
nated president of the senate (Secs. 98-148). The senate, 
however, elects a president pro tempore, who presides 




CONSTITUTION OF OKLAHOMA 


75 


in the absence of the lieutenant-governor (Sec. 98). The 
senate elects its standing committees (Sec. 98), while 
the speaker appoints the committee of the house, as a 
rule. No measure shall take effect until ninety days after 
its passage, except in case of emergency (Sec. 131). The ✓ 
salary ot the lieutenant-governor is $1,000 per annum, 
while the speaker receives the regular compensation of 
other members. The succession to the governor-ship is 
lieutenant-governor, president pro tempore and speaker. 


Initiative and Referendum. 

Definitions; Legislative Powers Primarily in People. 
—This provision in a state constitution is comparatively 
new, only one state, Oregon, having it. The legislative 
authority of a state is usually vested in a legislature, 
but in this state (Sec. 51), in addition to the power of 
the legislature, the people reserve to themselves the 
power to propose laws and amendments to the constitu¬ 
tion and to enact or reject the same at the polls independ¬ 
ent of the legislature, and also reserve poiver at their 
own option to approve or reject at the polls any act of 
the legislature.” This is a wise provision. The initia¬ 
tive is the power given the people to propose (Sec. 52), 
and the referendum is the power given the people to 
reject (Sec. 53) any legislative measure. The veto power 
of the governor does not extend to measures voted on by 
the people (Sec. 53). The initiative and referendum is 
further reserved to every county, district and municipal¬ 
ity, and the voters thereof may exercise this power with 
respect to all local matters in accordance with the laws 
of the state (Sec. 57). This power is further reserved 
specially to municipalities (Sec. 415). The power of the 
initiative and referendum is the most advanced step to¬ 
ward a pure democracy which has been taken by any 
state in the union. 


Members; Right to Hold Office. —No member shall 
hold any other office during the term for which he shall 
have been elected, nor be interested in any contract au¬ 
thorized by law, passed during the term for which he 
shall have been elected. 



76 


A STUDY OF CIVIL GOVERNMENT 


Organization and Rides .—Each house is the judge 
of its own membership; may determine the rules of its 
proceedings; punish and expel members by a two-thirds 
vote; shall keep a journal of its proceedings, and the yeas 
and nays shall be entered thereon upon request of one- 
fifth of those present. Neither house shall, without con¬ 
sent of the other, adjourn more than three days, nor to 
any place other than that where the legislature may be 
sitting. No special or local law shall be considered until 
notice shall first be published for four consecutive weeks 
in a newspaper. All bills for raising revenue shall origi¬ 
nate in the house of representatives and the senate may 
propose amendments to them. No revenue bill shall be 
passed during the last five days of the session. Every 
bill shall be read on three different days in each house, 
and no bill shall become a law unless on its final passage 
it be read at length, and a majority is necessary to pass 
any bill. Upon final passage, the vote shall be taken by 
yeas and nays and entered on the journal. However, the 
reading at length may be dispensed with by a two-thirds 
vote of a quorum present, which vote by yeas and nays 
shall be entered upon the journal. 

Powers and Duties .—The authority of the legislature 
shall extend to all rightful subjects of legislation. The 
legislature is given power specially to provide: For a 
state printing plant and a printer; for the establishment 
of a state geological and economic survey; for state 
boards of health and pharmacy, and a pure-food com¬ 
mission; for the organization and maintaining of the 
militia of the state; for the pension of meritorious and 
disabled firemen; for the revising, digesting and promul¬ 
gating the statutes of the state after the year 1909. The 
legislature is required to define an unlawful combination 
or trust and to enact laws punishing persons engaged in 
such business. It is required further to pass such laws 
as are necessary for carrying into effect the provisions 
of the constitution. 

Limitations .—Under “Powers and Duties,’’ it is stat¬ 
ed the legislature shall have power to pass laws on many 
subjects. However, as we have stated in defining federal 




CONSTITUTION OF OKLAHOMA 


77 


and state powers, the legislature need have no grant of 
powers from the people, but may legislate upon every 
rightful subject of legislation, unless prohibited by the 
constitution of the state, constitution of the United States 
or laws of the United States passed pursuant thereto. A 
grant of powers is, therefore, wholly unnecessary. The 
legislature, however, is prohibited by the state constitu¬ 
tion from passing laws on many subjects. We will now 
consider these limitations: 

Special or local laws relating to a variety of subjects 
are prohibited. 

No officer shall be retired on pay or part pay. 

Public money shall not be appropriated for the estab¬ 
lishment of a bureau of immigration. 

The number or compensation of employes of the legis¬ 
lature shall not be increased except by general law, which 
shall not take effect during the session at which the law 
Avas passed. 

No property shall be exempt from taxation except 
as provided in the constitution. 

No exclusive rights shall be granted to any associa¬ 
tion, corporation or individual. 

No right or remedy which shall become barred by 
lapse of time or by statute of the state shall be revived. 
After suit has been commenced, the legislature shall have 
no power to take away the cause of action or destroy an 
existing defense. 

The indebtedness of any individual or corporation 
to the state, county or municipal corporation shall not 
be released or extinguished. 

Miscellaneous Provisions .—No money shall be paid 
out of the treasury of the state except by appropriation 
by law, nor unless such payments be made within two and 
one-half years after the passage of the act, and every 
appropriation law shall specify the sum appropriated 
and the object to which it is applied. The general ap¬ 
propriation bill shall embrace nothing but appropriations 
for the expenses of the executive, legislative and judicial 
departments, and for interest on the public debt. 




78 


A STUDY OF CIVIL GOVERNMENT 


Acts shall embrace but one subject, which shall be 
expressed clearly in their titles. 

Emergency Measure. —An emergency measure is one 
necessary for the immediate preservation of the public 
peace, health or safety, and shall not include the granting 
of a franchise or license to a corporation or individual, 
to extend longer than one year, nor provision for the 
purchase or sale of real estate, nor the renting or incum¬ 
brance of real property for a longer term than one year. 
A three-fourths vote shall be required to pass an emerg¬ 
ency measure over the veto of the governor. 

System, of Checks and Balances. —The legislature is 
required to provide for a system of checks and balances 
between the officers of the executive department, and all 
commissioners, superintendents and boards of control of 
state institutions, and all other officers entrusted with the 
moneys of the state. 


Article VI. 

Executive Department. 

State Officers. —The executive authority of the state 
is vested in the following, with their respective salaries 
attached: Governor, $4,500; lieutenant-governor, $1,000; 
secretary of state, $2,500; state auditor, $2,500; attor¬ 
ney-general, $4,000; state treasurer, $3,000; superintend¬ 
ent of public instruction, $2,500; state examiner and in¬ 
spector, $3,000; chief mine inspector, $3,000; commis¬ 
sioner of labor, $2,000; commissioner of charities and 
corrections, $1,500; commissioner of insurance, $2,500; 
corporation commissioners, $4,000; and such other offi¬ 
cers as may be provided by law or the constitution. The 
above officials are elected by the people and their term 
of office is four years. The first eight named must be at 
least 30 years of age. The governor, secretary of state, 
state auditor and state treasurer shall not be eligible im¬ 
mediately to succeed themselves. 

Other Boards. —In addition to the foregoing there are 
created a board of agriculture, composed of farmers 
(Sec. 164), which has jurisdiction over all matters af- 



CONSTITUTION OF OKLAHOMA 


79 


fecting animal industry and regulations, and it is, in 
addition, the board of regents for the state agricultural 
and mechanical college; also the commissioners of the 
land office, who have charge of all matters affecting pub¬ 
lic and school lands (Sec. 165). 

Governor. —The governor is the supreme executive 
power of the state (Sec. 135), is commander-in-chief of 
the militia (Sec. 139), may convoke the legislature in 
special session (Sec. 140), and shall cause all laws to be 
executed (Sec. 141). He conducts the business of the 
state with other states and with the United States (Sec. 
141). He communicates by message with the legisla¬ 
ture, advising it of needed legislation and the condition 
of the state (Sec. 142). He has power to pardon con¬ 
victed persons (Sec. 143), and may veto any bill passed 
by the legislature (Sec. 144). He shall commission all 
officers not otherwise commissioned and shall appoint 
persons to fill all vacancies (Sec. 146). In case of dis¬ 
agreement between the two houses with respect to the 
time of adjournment he may adjourn them (Sec. 147). 

Lieutenant-Governor. —The lieutenant-governor shall 
possess the same qualifications as the governor and shall 
be president of the senate (Sec. 148). In case of the 
death, resignation or inability of the governor to act, 
he shall perform the duties of governor (Sec. 149). 

Secretary of State .—The secretary of state shall keep 
a register of all official acts of the governor and shall 
attest them when necessary. All original copies of laws 
and other state papers are deposited in his office. He is 
the custodian of the great seal of the state and authenti¬ 
cates all documents with it, when necessary, such as arti¬ 
cles of incorporation, certified copies of laws, pardons, 
etc. 

State Examiner and Inspector .—This is an office not 
found in most states. This officer must be an expert ac¬ 
countant and shall examine twice a year the books of 
every county treasurer. He shall also prescribe a uni¬ 
form system of bookkeeping for the county treasurers of 
the state. 




80 


A STUDY OF CIVIL GOVERNMENT 


Commissioner of Labor. —This officer has charge of all 
matters relative to labor, and recommends needed legis¬ 
lation pertaining to that subject. 

Commissioner of Insurance. —This officer attends to 
all matters relative to all kinds of insurance. He deter¬ 
mines whether insurance companies have complied with 
the law, collects the fees and regulates all insurance mat¬ 
ters. 

Chief Mine Inspector.— This is an unusual office. The 
incumbent must have had at least eight years’ experi¬ 
ence as a practical miner. He has supervision of all 
matters pertaining to mines, oil and gas. 

Commissioner of Charities and Corrections. —This is 
an unusual and very important office. The commissioner 
has charge of the investigation and regulation of all pub¬ 
lic charities, jails, hospitals, asylums, etc., and may be 
of either sex. 

Bank Commissioner. —This officer is appointed by the 
governor for a term of four years. He has supervision 
of banks and banking in the state, examines the books 
of all banks in the state, except national banks, and makes 
needed regulations and recommendations (Sec. 315). 

The Clerk of the Supreme Court is another officer 
elected by the people of the entire state at the same time 
as the governor. He must be at least twenty-live years 
of age, and his term of office is four years (Sec. 176). 
He has charge of all papers in cases pending before the 
supreme court, keeps a journal of its proceedings and 
certifies to its official acts. 

The attorney-general, state auditor, state treasurer 
and state superintendent of public instruction are not 
given specific duties by the constitution, except where 
they have been made members of boards or have unusual 
duties imposed upon them. 

The Attorney-General is the state’s lawyer. He ad¬ 
vises the governor and all departments upon law ques¬ 
tions and attends to all law suits in which the state is 
interested. 




CONSTITUTION OF OKLAHOMA 


81 


Tlie State Auditor audits all accounts against the 
state and issues warrants in payment of the state’s debts 
before they are presented to the treasurer. 

The State Treasurer is the custodian of the funds of 
the state and pays all warrants issued by the auditor. 

The State Superintendent of Public Instruction lias 
supervision of all educational matters. He is president 
of the board of education. 

Great Seal — Every one should familiarize himself 
with the Great Seal of the State. It is the product of the 
mind of Delegate Gabe E. Parker, and is replete with 
historical beauty (Sec. 168). 

Article VII. 

Judicial Department. 

Definition. —The judiciary is the law-interpreting or 
law-deciding part of the government. 

Courts. —The judicial power of the state is vested in 
the senate sitting as a court of impeachment, supreme 
court, district courts, county courts, courts of justice of 
the peace, municipal courts and such other courts as may 
hereafter be created. 

Impeachment. —All elective officers of -the state may 
be impeached (Sec. 199) by the senate, sitting as a court 
of impeachment (Sec. 201). 

The Supreme Court is the highest court in the state. 
It is composed of live justices, who must be at least 30 
years of age and practicing lawyers or judges for live 
years. Their term of office is six years. The state is 
divided into live supreme districts. Each supreme dis¬ 
trict nominates the justice for that district, but he is 
voted upon by the people of the entire state. The su¬ 
preme court renders opinions, which are printed in books, 
called “Oklahoma Reports.” Its decisions are the high¬ 
est in the state and must be followed by all other state 
courts and officers. The court appoints a marshal, who 
attends the sessions of the court and serves all writs or 



82 


A STUDY OF CIVIL GOVERNMENT 


other process. The salary of supreme justices is $4,000 
per annum. Of the first justices elected the term of two 
expires in 1909, two in 1911 and one in 1913. 

District Courts. —The state is divided into twenty-one 
judicial districts, and there is a district judge of each 
district, elected by the voters thereof. The district court 
has jurisdiction of all civil and criminal cases except 
such as is conferred upon some other court. The term of 
office of the judge is four years; he must be at least 25 
years of age, a practicing lawyer or judge for four years, 
and is paid a salary of $3,000 per annum. Appeals may 
be taken from the district court to the supreme court. 

County Courts. — There is a county court in each 
county and a judge thereof called the county judge. The 
term of office of the county judge is two years. He re¬ 
ceives a salary varying from $1,000 to $3,000 per an¬ 
num, according to the size of the county. The county 
court tries all matters pertaining to estates of deceased 
persons and children and may try any case not involving- 
more than $1,000. It may also try misdemeanor cases 
and act as an examining magistrate. In the absence of 
the district judge the county judge may exercise all the 
powers of the district court or judge. 

Justices of the Peace may try all cases involving not 
more than $200, and may try misdemeanor cases where 
the punishment does not exceed a fine of $200 and im¬ 
prisonment in jail for thirty days. Justices of the peace 
also act as examining magistrates. Cities of more than 
twenty-five hundred inhabitants have two justices of the 
peace. There are two justices for each municipal town¬ 
ship. 


Article VIII. 

Impeachment and Removal From Office. 

For What Cause. —State constitutions provide usually 
that all elective state officers may be impeached or re¬ 
moved from office for wilful neglect of duty, corruption 
in office, habitual drunkenness, incompetency or any of- 


CONSTITUTION OF OKLAHOMA 


83 


fense involving moral turpitude committed while in of¬ 
fice. Our constitution contains such provisions. All 
other officers may be removed in such manner as is pro¬ 
vided by law. 

How .—In impeachment proceedings, the senate sits 
as a court of impeachment, each member taking a special 
oath for this purpose. The accused person is tried before 
the senate, the chief justice of the supreme court presid¬ 
ing. No person can be impeached unless lie be charged 
first by the house of representatives with an offense. 

Article IX. 

Corporations. 

Definitions .—A private corporation is an association 
of individuals or a joint stock company, having powers 
or privileges not possessed by individuals. 

It is defined to be a collection of individuals united 
by authority of law under a special name, with the right 
of perpetual succession (which means it never dies) and 
of acting in many ways as an individual. 

How Corporation Is Organized; Powers .—Most of the 
business of this country is now carried on by corpora¬ 
tions. The reason for this is plain. The more business 
one does, the more money it takes to run it. Few per¬ 
sons have enough money to run a business requiring an 
investment of several thousand dollars. In order to con¬ 
duct a large manufacturing or commercial business of 
any kind, a number of persons organize a corporation, 
each person subscribing for as much of the capital stock 
as he can afford. In this way a large amount of money 
is raised and an immense business can be carried on. 
Each stockholder is liable only to creditors of the cor¬ 
poration for the amount of the capital stock he owns. 
Each corporation has a charter or articles of incorpora¬ 
tion. These articles are granted by the state upon appli¬ 
cation of the persons who organize. The corporation has 
by-laws which define its officers and their duties. No 
officer is permitted to do an act in his official capacity 
beyond the scope of the powers given him by the state 



84 


A STUDY OF CIVIL GOVERNMENT 


or by the by-laws. The corporation has a board of direct¬ 
ors, consisting of several persons, who perform certain 
duties prescribed by law and the by-laws. A corporation 
differs from a partnership in many ways, but more espe¬ 
cially in this: A partner is bound by any act done by a 
co-partner, even without the latter’s consent or knowl¬ 
edge, in the conduct of the partnership business; while a 
stockholder of a corporation is only bound by the action 
of the officers, acting within the scope of the powers given 
them by the by-laws and the laws of the state. Each 
corporation is required to maintain an office in the state. 
A corporation organized in the state in which you live is 
called a domestic corporation; one doing business there, 
but organized in another state, is called a foreign corpo¬ 
ration. In some states, domestic corporations are given 
rights which a foreign corporation do not have. 

Railroads .—Of late years railroad corporations are 
not permitted to carry anything manufactured, mined 
or produced by them, except such as may be necessary in 
the conduct of their business. They are not permitted 
to issue free passes to officials in many states. 

In many states there is a railroad commission. This 
is composed of men (usually three) elected by the people 
of the state. The duty of this commission is to regulate 
railroads. Each state, let it be understood, has authority 
to regulate the railroads in that state only, and even then 
it cannot interfere with what is known as interstate com¬ 
merce, which means articles being carried from one state 
into another Most railroad commissions are created 
by the legislature of the state. The constitution of Okla¬ 
homa, however, has the most lengthy provisions relating 
to corporations and railroads. 

Corporation Commission; Powers and Duties. —Arti¬ 
cle IX creates the corporation commission and defines 
its duties. This commission has control over all trans¬ 
portation and transmission,. electric light, gas, heat and 
power companies, known as public-service corporations, 
and may regulate their rates and charges and correct 
abuses of which they may be guilty. Within the proper 
exercise of its jurisdiction it has all the powers of the 



CONSTITUTION OF OKLAHOMA 


85 


district court and may punish for contempt. Its decision 
is supreme, except that an appeal may be taken to the 
supreme court, providing a sufficient bond is given by 
the appealing company. No court except the supreme 
court has power to in any way control its actions. The 
commission has full power to inspect books and papers 
of any public-service corporation. The latter are not 
permitted to consolidate with any parallel line, nor can 
any railroad transport any article produced by it. All 
railroads must provide adequate and comfortable de¬ 
pots, must not pass within a distance of four miles of 
any county seat without passing through it, and must 
furnish cars for any one operating a mine, sawmill, grain 
elevator or other industry. The commission also has 
power to arbitrate, upon request, differences between cor¬ 
porations and employes. No transportation or trans¬ 
mission company is permitted to furnish any free pass 
to any one except those mentioned in section 217. No 
railroad shall charge more than 2 cents per mile for pas¬ 
senger fare, except upon order of the commission. 

Membership .—The corporation commission consists 
of three members, who shall be elected at the same time 
as governor, and they shall hold office six years. The 
commissioners shall be resident citizens of the state for 
two years, and otherwise qualified, and not less than 
thirty years of age; and such commissioners shall not 
be interested directly or indirectly in any railroad, steam¬ 
boat or pipe line. The commissioners shall not hold any 
other office and shall not engage in any occupation or 
business inconsistent with their duties. A special oath 
is provided. 

Further Provisions About Corporations .—The consti¬ 
tution further provides, with reference to private corpo¬ 
rations, that no corporation shall issue stock except for 
money, labor done or property actually received to the 
amount of the face value of the stock. Corporations are 
not permitted to influence elections or official duty by 
contributions of money; shall not own or control in any 
wav any other corporation engaged in the same kind of 
business; and must dispose of such stock within twelve 


86 


A STUDY OF CIVIL GOVERNMENT 


months from the date it is acquired. All mining and 
public-service corporations shall submit to arbitration 
any difference they may have with their employes in ref¬ 
erence to labor. When a corporation is organized, it 
must file with the corporation commission a list of its 
stockholders and officers, and every foreign corporation 
must select some person in the state to act as its agent. 
No association of individuals or corporations shall be 
formed for the purpose of destroying competition in any 
article of general use. The legislature is required to 
provide penalties for the proper enforcement of provi¬ 
sions relative to corporations. 

Article N. 

Revenue and Taxation. 

It costs something to keep up the government. Our 
federal and state governments are poor. They have 
nothing except what the people give them according to 
law. There can be no legal extortion in this country. 

Method Adopted; Taxation. —The method adopted to 
create the necessary money to run the government is 
taxation of property. Every person who owns property 
is taxed, but every person who lives in this country, al¬ 
though he does not own property, pays a portion of the 
taxes indirectly. If he lives in a rented house, the land¬ 
lord includes his taxes in the rent; the merchant includes 
his taxes in the price he gets for his goods, and so on. 

How Property Is Divided. —For purposes of taxation, 
all property is divided into two classes: real and personal. 
The former includes real estate and buildings thereon, 
and the latter includes all other property, such as per¬ 
sonal effects. All property is assessed and taxed upon 
an ad valorem basis, which means its fair cash value. 
Each state constitution fixes the total amount of taxes 
which may be laid for all purposes. Inasmuch as the 
people say what shall be in the constitution, this amount 
in our form of government can never be a burden. 

Power of Taxation; Direct and Indirect Taxes. —The 
power of taxation is possessed by the state and also by 



CONSTITUTION OF OKLAHOMA 


87 


the United States. While this power to levy direct taxes, 
or taxes on persons and property, is possessed by the 
United States government, it has exercised this power 
only five times; namely, in 1798, 1813, 1815, 1816 and 
1861, and each time the law was in force only a year. The 
United States gets money to run its government from 
taxes (called import duties) laid on articles imported 
from abroad; and also from internal revenue taxes, which 
are taxes laid on whisky, beer and tobacco. These taxes 
may therefore be called indirect taxes, because the con¬ 
sumer pays the tax indirectly. 

How Tax Is Collected .—The state, as such, rarely 
levies a tax. It has no tax gatherer, unless the 
state officer who receives fees paid by foreign cor¬ 
porations or for other special purposes may be called 
such. The state places upon each county the duty of 
raising taxes to run the state government, and the county, 
in turn, in many states places this duty upon the town¬ 
ship, and thus the government is localized. Taxes are 
collected by assessors in each county and township, as 
explained in the chapters on Township and County. 

Taxes for Local Improvements. —Power is given the 
legislature to authorize county and municipal corpora¬ 
tions to collect taxes for local improvements upon prop¬ 
erty benefited thereby, homesteads included, without re¬ 
gard to value. 

Total Taxes; Hoiv Divided. —The total taxes shall not 
exceed in any one year 31 1-2 mills on the dollar, divided 
as follows: State levy, not more than 3 1-2 mills; county 
levy, not more than 8 mills, with power to levy 2 mills 
additional, for county high school and common schools, 
not over one mill of which shall be for the high school; 
township levy, not more than 5 mills; city or town levy, 
not more than 10 mills; school district levy, not more 
than 5 mills. The annual rate for school purposes may 
be increased not to exceed 10 mills, where 4 majority of 
the voters vote for the increase. 

Corruption. —It is made a felony for an officer to re¬ 
ceive any interest or profit for the use of public funds 
in his hands. 



88 


A STUDY OF CIVIL GOVERNMENT 


License and Franchise Taxes. — The legislature is 
given express power to levy special license and franchise 
taxes. 

Taxes Collected by General Laws; Other Provisions .— 
The state may select its subjects of taxation independent 
of counties or cities. Taxes shall be levied and col¬ 
lected by general laws, and the state shall not assume 
the debt of, nor extend its credit to, any city or county; 
nor shall it extend its credit to anv individual or corpo- 
ration. No city, county or school district shall become 
a stockholder in any corporation nor loan its credit to 
any individual or corporation. 

State Board of Equalization. —There is a state board 
of equalization, consisting of the governor, state auditor, 
state treasurer, secretary of state, attorney-general, state 
examiner and inspector and president of the board of ag¬ 
riculture. The duty of the board is to adjust and equalize 
the valuation of real and personal property of the sev¬ 
eral counties in the state and to assess all railroads and 
public-service corporations. 

State Debt; Poll Tax. —Provision is made for the 
levy of a tax sufficient to pay the interest and principal 
of the state debt within twenty-five years, and for the 
levy of a poll tax on all electors under the age of 60 years. 

The state debt shall not at any time exceed $400,000, 
except in case of invasion or insurrection. The debt, 
however, may be increased by law for some special work 
or object, after being submitted to the voters of the state 
and a majority voting therefor. 

Debt Limit; Public Utilities. —No city, school district 
or county shall become indebted to an amount exceeding 
in any year the income for such year, without the assent 
of three-fifths of the voters; however, any city or town 
may by a majority vote, purchase or construct public 
utilities, to be owned exclusively by the city. 

Evidence of Debt to Be Indorsed. —No bond or evi¬ 
dence of debt of the state shall be valid unless indorsed 
by the auditor and attorney-general of the state; nor 
shall any bond or evidence of debt of any county or town- 







CONSTITUTION OF OKLAHOMA 


89 


ship be valid unless indorsed by the county clerk and 
county attorney. 

System of Bookkeeping. —The legislature is required 
to provide for a uniform system of bookkeeping for all 
moneys collected by taxation. 

Exemptions. — All property used for religious and 
educational purposes, property belonging to the United 
States, state, county or municipality, household goods of 
heads of families not exceeding $100 in value, and all 
growing crops, are exempt from taxation. Personal 
property not exceeding $200 in value belonging to ex- 
union and ex-confederate soldiers is also exempt. For 
the purpose of inducing the establishment of manufac¬ 
turing enterprises, the people of any city or town are 
authorized to exempt them from taxation for a period 
of five years. 


Article XI. 

State and School Lands. 

Grants for School Purposes. — The enabling act 
granted certain lands to the state for the use of the state 
university, agricultural and mechanical college and nor¬ 
mal institutions, and the state accepted these grants. 
The enabling act also granted $5,000,000 for public-school 
purposes. The faith of the state is pledged to preserve 
such lands and mone} r s as a sacred trust. The permanent 
school fund consists of the proceeds from the sale of 
public lands, the sum of $5,000,000, and the proceeds of 
other donations and gifts. This sum shall be invested 
and only the interest used, together with the net income 
from the leasing of public lands. Certain sections are 
permitted to be sold under act of the legislature, for edu¬ 
cational and public building purposes. Section 13 in 
every township in old Oklahoma territory is set apart for 
the use of the state university and preparatory school, 
the normal schools and the agricultural and mechanical 
college. 

Investment of Permanent School Fund. —The perma¬ 
nent school fund and other educational funds shall be 




90 


A STUDY OF CIVIL GOVERNMENT 


invested in first mortgages upon good and improved farm 
lands, state bonds, school district bonds and United States 
bonds, preference being given in the order named. 

Under this provision poor farmers are enabled to 
borrow 50 per cent of the reasonable valuation of their 
lands, without improvements, at a low rate of interest. 

Article XII. 

Homestead and Exemptions. 

What Homestead Consists of. —The homestead of any 
family in the state not within any city, town or village, 
shall consist of not more than 160 acres, which may be 
in one or more parcels. The homestead within any city, 
town or village, owned and occupied as a residence only, 
shall consist of not more than one acre of land, worth 
not more than $5,000. 

The homestead is protected from forced sale, except 
for the purchase money therefor, taxes due, or for work 
and material used for improving the same. The owner, 
if married, shall not sell the homestead without the con¬ 
sent of his or her spouse (that is, the husband or wife); 
but they may mortgage the homestead. This article may 
be changed or amended by the legislature. 

Article XIII. 

Education a,nd Schools. 

Oklahoma Progressive; Free Schools. —The state of 
Oklahoma has taken a progressive stand upon the subject 
of education. We have provided for a system of free 
separate public schools and for the establishment of in¬ 
stitutions for care and education of the deaf, dumb and 
blind. 

Compulsory Attendance. —The constitution also pro¬ 
vides for the compulsory attendance at some public or 
other school of all children who are sound in mind and 
body and between the ages of 8 and 16 years, for at 
least three months in each year. 



CONSTITUTION OF OKLAHOMA 


91 


A uniform system of text-books is provided for, and 
power is conferred upon the legislature to provide for 
teaching the elements of 

Agriculture , Horticulture, Stock-Feeding and Domes¬ 
tic Science in the common schools of the state. This last 
provision is both wise and unique, and is not, we believe, 

to be found in anv constitution but ours. 

%/ 

School Fund and Lands. —A splendid heritage will 
be left our children in the school funds and lands of the 
state. In lieu of any public lands in the Indian Terri¬ 
tory, congress granted $5,000,000 to the new state, to be 
invested for the benefit of the public schools, the interest 
thereon to be used exclusively for their support and 
maintenance. There was also granted to the state sev¬ 
eral thousand acres for the benefit of the common school 
fund and the higher educational institutions. The value 
of these lands has been estimated at from forty million 
to one hundred million dollars. Much of this school land 
contains valuable mineral deposits. The state derives a 
revenue from these lands by renting them. 

What It Amounts to. —Upon April 1, 1908, the state 
owned more than 2,000,000 acres, divided into nearly 
8,000 tracts. From the rental of these tracts the state 
received an average annual rental varying from $69 to 
$106 per quarter section. The total annual rental is 
more than one-half a million dollars. In addition, the 
state owns more than 1,000,000 acres granted under the 
enabling act for the benefit of the University of Okla¬ 
homa and other institutions of higher learning. 

Oklahoma to Lead in Education. —With this enormous 
school fund, with the revenues constantly increasing, 
Oklahoma is destined to equal, in the matter of educa¬ 
tion, any state in the union. 

Article XIV. 

Banks and Banking. 

The legislature is required to create a banking de¬ 
partment, to be under the control of a bank commissioner, 


92 


A STUDY OF CIVIL GOVERNMENT 


whose duties are referred to under article VI. The com¬ 
missioner has power to regulate and control state banks, 
loan, trust and guaranty companies. 

Rate of Interest. —The legal rate of interest shall not 
exceed 6 per cent per annum, in the absence of contract, 
and not to exceed 10 per cent per annum, under contract. 
Where a greater rate of interest than 10 per cent is 
charged, the entire interest is forfeited, and in case a 
greater rate lias been paid, the person to whom it is 
paid shall be liable in double the amount of the interest. 

Article XV. 

Oath of Office. 

Should Be Memorized. —The oath of office provided 
in the constitution is very binding, and must be taken 
by all legislative, judicial, state and county officers. It 
should be memorized by every citizen and future citizen 
of Oklahoma, and is worthy of adoption by other states 
of the union. 

“I, .'.., do solemnly swear (or affirm) 

that I will support, obey and defend the constitution of 
the United States and the constitution of the state of 
Oklahoma, and will discharge the duties of my office with 
fidelity; that I have not paid, or contributed, either di¬ 
rectly or indirectly, any money or other valuable thing, 
to procure my nomination or election (or appointment), 
except for necessary and proper expenses expressly au¬ 
thorized by law; that I have not, knowingly, violated any 
election law of the state, or procured it to be done by 
others in my behalf; that I will not, knowingly, receive, 
directly or indirectly, any money or other valuable thing, 
for the performance or non-performance of any act or 
duty pertaining to my office, other than the compensa¬ 
tion allowed by law, and I further swear (or affirm) that 
I will not receive, use or travel upon any free pass or on 
free transportation during my term of office. ’ ’ 

Before Whom, Taken; False Swearing. —In the case 
of state officers and judges of the supreme court, the oath 
shall be filed with the secretary of state, and in case of 



CONSTITUTION OF OKLAHOMA 


93 


other judicial and county officers, in the office of the clerk 
of the county in which the same is taken; any person 
refusing to take the oath shall forfeit his office, and any 
person convicted of swearing falsely shall be guilty of 
perjury and be disqualified from holding any office of 
trust or profit within the state. The oath to members 
of the legislature shall be administered by one of the su¬ 
preme judges, if present. 

Article XVI. 

Public RoadSj Highways and Internal Improvements. 

Most state constitutions contain provisions relative 
to roads. These matters are within the control of the 
state and not of the federal government. 

Necessity of Good Roads. — The necessity of good 
roads was recognized early in the history of the world. 
The famous roads made by the Roman government lead¬ 
ing to Rome are familiar to every school child. Our revo¬ 
lutionary fathers found the sending of mail and news 
from one colony to another a great task, owing to poor 
roads. Aside from good crops, nothing is more impor¬ 
tant to the farmer than good roads. His crop is of little 
value unless he can market it, and the prosperity of 
every one is dependent upon the ready market afforded 
to the producer of the things we eat. 

Department of Highways. —The legislature is directed 
to establish a department of highways, to create improve¬ 
ment districts and to provide for building public roads 
and the working of convicts thereon. 

Levees, Drains and Ditches. —The legislature is re¬ 
quired, further, to provide for a system of levees, drains, 
ditches and irrigation, and to provide for a system of 
taxation on the lands benefited by them, or on the crops 
produced on the land, to discharge the necessary ex¬ 
pense; and to provide for the compulsory issuance of 
bonds by owners or lessees of the lands benefited by them. 



94 


A STUDY OF CIVIL GOVERNMENT 


Article XVII. 

Counties. 

General Provisions and Poiver .—There are seventy- 
five counties in this state (Art. XVII). Each county has 
a county seat, at which all the business of the county is 
carried on. The county boundaries and county seats are 
fixed by the constitution, and can only be changed by 
amendment to the constitution or by vote of 60 per cent 
of the voters of the locality affected (Sec. 326). No 
county boundary may be nearer than ten miles to the 
county seat; nor shall any county contain less than 400 
square miles, 15,000 people, and taxable wealth not less 
than two and a half million dollars. The levy of taxes 
in each county shall not exceed eight mills, provided that 
two mills additional may be added for schools (Sec. 275), 
and a majority of the qualified voters may authorize an 
additional levy of five mills for the erection of public 
buildings (Sec. 276). No county or other subdivision of 
the state shall be allowed to become indebted for any 
purpose in any one year exceeding the income of that 
year (Sec. 292), without the assent of three-fifths of the 
voters, nor shall any indebtedness in the aggregate ex¬ 
ceed 5 per cent of the valuation of taxable property of 
the county. No bond or evidence of debt of any county 
shall be valid unless there is indorsed thereon a certifi¬ 
cate showing that it is within the debt limit (Sec. 295). 

Removal of County Seats .—A petition is signed by 
25 per cent of the qualified electors of the county. This 
petition is verified by affidavit of each person signing 
and is filed with the governor any time after four months 
after the admission of the state. Within thirtv davs 
thereafter the governor shall issue a call for an election, 
and said election shall be held not less than sixtv nor 
more than seventy days after the call. The election laws 
of the state shall govern, and such public notice shall be 
given as the governor may direct. The governor shall 
place upon the tickets only the names of such towns as 
shall, more than twenty days prior to the election, file 
with him a verified petition, signed by not less than 300 
qualified electors of such county. 


CONSTITUTION OF OKLAHOMA 


95 


Rules to Govern .—The following rules shall govern 
until tlie county seat is once located by vote of the people, 
but not later than the first day of April, 1909: If the 
petition is filed with the governor more than six months 
prior to said date and the election is delayed because 
of legal proceedings, the time for holding the election 
shall be extended the length of time such election is de¬ 
layed. Where the county seat named in the constitution 
is within six miles of the geographical center, it shall re¬ 
quire 60 per cent of the total vote cast by the competing 
town to effect such removal, unless the competing town 
be more than one mile nearer the geographical center, 
in which event a majority vote will suffice. If more than 
two towns are voted for, and neither receives the propor¬ 
tion of votes required, there shall be held a second elec¬ 
tion, and the two towns receiving the highest number of 
votes shall be the only ones voted for, and the town re¬ 
ceiving the necessary proportion of votes shall be the 
county seat. The above rules shall govern after the first 
day of April, 1909, but the town to which removal is 
sought must receive two-thirds of all the votes cast; and 
elections shall be held not oftener than once every ten 
vears. 

Names of Counties and Comity Seats .—The names of 
counties and county seats established by the constitution 
are as follows: Adair, Westville; Alfalfa, Cherokee; 
Atoka, Atoka; Beaver, Beaver; Beckham, Sayre; Blaine, 
Watonga; Bryan, Durant; Caddo, Anadarko; Canadian, 
El Reno; Carter, Ardmore; Cherokee, Tahlequah; Choc¬ 
taw, Hugo; Cimarron, Kenton; Cleveland, Norman; Coal, 
Lehigh; Comanche, Lawton; Craig, Vinita; Creek, Sa- 
pulpa; Custer, Arapaho; Delaware, Grove; Dewey, Tal- 
oga; Ellis, Grand; Garfield, Enid; Garvin, Pauls Valley; 
Grady, Chickasha; Grant, Pond Creek; Greer, Mangum; 
Harper, Buffalo; Haskell, Stigler; Hughes, Holdenville; 
Jackson, Altus; Jefferson, Rvan; Johnston, Tishomingo; 
Kav, Newkirk; Kingfisher, Kingfisher; Kiowa, Hobart; 
Latimer, Wilburton; Le Flore, Poteau; Lincoln, Chand¬ 
ler; Logan, Guthrie; Love, Marietta; Major, Fairview; 
Marshall, Madill; Mayes, Pryor Creek; Murray, Sul- 





96 


A STUDY OF CIVIL GOVERNMENT 


pliur; Muskogee, Muskogee; McClain, Purcell; McCur- 
tain, Idabel; McIntosh, Eufaula; Noble, Perry; Nowata, 
Nowata; Okfuskee, Okemah; Oklahoma, Oklahoma City; 
Okmulgee, Okmulgee; Osage, Pawliuska; Ottawa, Mi¬ 
ami; Pawnee, Pawnee; Payne, Stillwater; Pittsburg, 
McAlester; Pontotoc, Ada; Pottawatomie, Tecumseh; 
Pushmataha, Antlers; Roger Mills, Cheyenne; Rogers, 
Claremore; Seminole, Wewoka; Sequoyah, Sallisaw; Ste¬ 
phens, Duncan; Texas, Guvmon; Tillman, Frederick; 
Tulsa, Tulsa; Wagoner, Wagoner; Washington, Bartles¬ 
ville; Washita, Cordell; Woods, Alva; Woodward, Wood¬ 
ward. 

County and Township Officers; Compensation. —Jus¬ 
tices of the peace and other township officers receive fees. 
The county officials and their compensation (which varies 
according to population) are as follows: Judge, $1,000 
to $3,000; attorney, $1,000 to $3,000; sheriff, $1,600 to 
$2,800; clerk of the district court, fees; register of deeds, 
$800 to $2,000 and fees; clerk, $500 to $1,600; treasurer, 
$800 to $2,200; superintendent, $3 per day to $1,200 per 
annum; surveyor, fees; commissioners, $1,000. 

Article XVIII. 

Municipal Co rp o rations. 

Definition. —A municipal corporation is an organized 
town or city, having a mayor or other executive officers, 
provided by law. The legislature provides that when a 
village reaches a certain size, it may become incorpo¬ 
rated; that is, it may have an organized town govern¬ 
ment. As it grows larger, it may have a city government. 
It then has rights and powers which an incorporated 
village does not have, but it also has burdens. The people 
must pay additional taxes in order to pay the salary and 
other expenses of town and city government. Further 
details of the machinery of their governments may be 
found in the chapters on the Village, Town and City. 

Powers; New Chaters. — Under our constitution 
municipal corporations have such powers as are usually 
conferred upon them and have additional powers, chief 


Note— Commissioners’ salaries range from $400 to $800 according 
to population. 



CONSTITUTION OF OKLAHOMA 


97 


among which is the power given the people to make or 
amend their charters. Every city of over 2,000 inhabit¬ 
ants may frame a charter for its own government by 
electing a board of two persons from each ward. This 
board formulates a charter containing such local provi¬ 
sions as are desired, and if a majority of the voters of 
the city ratify it, it is submitted to the governor, and 
upon his approval becomes the charter of the city. By 
this procedure any city may have any form of govern¬ 
ment not inconsistent with the constitution which its 
citizens desire. It is under this provision that many cit¬ 
ies are agitating the Galveston plan, or ‘‘commission 
form of government. ” The initiative and referendum 
is specially reserved to every municipal corporation by 
section 415. By this means ordinances may be initiated 
and repealed. No franchise can be granted, extended 
or renewed except by vote of the people, and no exclu¬ 
sive franchises shall be granted. A franchise is a right 
or license granted by the state, county or municipality 
to use the public highways, streets or alleys of a city, for 
purposes of its business. Every municipality may en¬ 
gage in any business (Sec. 422) and may construct and 
operate any public utility (Sec. 293). It may also levy 
and collect assessments for local improvements upon 
property benefited thereby (Sec. 272). Under this pro¬ 
vision any neighborhood in the town may build sidewalks 
or otherwise improve its condition. 

Initiative and. Referendum. —Every petition for the 
initiative and referendum shall be signed by 25 per cent 
of the total number of votes cast at the preceding 
election. 

Initiative; Enactment of Ordinance. —When such peti¬ 
tion demands the enactment of an ordinance, other than 
a franchise, it shall be presented by the chief executive 
officer to the legislative body of the city at its next meet¬ 
ing ; and unless it is granted more than thirty days before 
the next election, it shall be submitted to the voters for 
approval or rejection, at said election. 

Referendum on Ordinance. —When a referendum vote 
is demanded, the ordinance shall be submitted to the 



98 


A STUDY OF CIVIL GOVERNMENT 


qualified voters of the city at the next general city elec¬ 
tion, and a majority vote shall decide whether the ordi¬ 
nance will stand or be repealed. 

Amendment to Charter; How Made .—When such peti¬ 
tion demands an amendment to a charter, the petition 
shall be submitted to the voters at the next election, and 
if a majority of the voters vote for said amendment, it 
shall become a part of the charter, when approved by 
the governor. 

Reservation of Control Over Public Highways; Regu¬ 
lation of Charges .—No franchise shall prevent the state 
or any subordinate subdivision from regulating and con¬ 
trolling the highways and streets; nor shall the power to 
regulate charges for public services be surrendered; nor 
shall any exclusive franchise be granted. 

Article XIX. 

Insurance. 

Department of Insurance. —We have already referred 
to the department of insurance under Executive Depart¬ 
ment, and called attention to the duties of insurance com¬ 
missioner. 

Foreign Companies; Fees. — All foreign insurance 
companies are required to comply with the laws of the 
state, by depositing collateral or indemnity and agreeing 
to pay taxes and fees. Foreign companies are also re¬ 
quired to pay 2 per ceut on all premiums collected in the 
state. 

All fees collected by the insurance commissioner shall 
he paid to the state treasurer monthly. 

Article XX. 

Manufacture and Commerce. 

The sale of denaturized alcohol is permitted, as pro¬ 
vided by law. The flash test for kerosene is declared to 
be 115 degrees Fahrenheit, and the specific-gravity test 
is 40 degrees Baume. 



CONSTITUTION OF OKLAHOMA 


99 


Article XXI. 

Public Institutions. 

Educational, reformatory and penal institutions, and 
those for the benefit of the insane, blind, deaf and mute, 
and such other institutions as the public good may re¬ 
quire, shall be established and supported by the state, as 
the law may require. 

Article XXII. 

Alien and Corporate Ownership of Lands . 

Aliens to Sell Within Five Years. —No alien or person 
who is not a citizen of the United States shall own land in 
this .state, and such persons shall dispose of their land 
within five years, upon condition of forfeiture to the state. 
This provision, however, does not apply to Indians born 
within the United States, nor to aliens who are citizens 
of this state. 

Restrictions Upon Corporate Oivnership. —No corpo¬ 
ration shall be created or licensed in this state for the 
purpose of dealing in land, other than that located in in¬ 
corporated cities and towns. However, corporations may 
take mortgages on land to secure loans made and may 
foreclose such mortgages, but shall dispose of such lands 
within seven years. No public-service corporation shall 
hold land in any way except such as is necessary for 
transacting its business. 

Article XXIII. 

Miscellaneous. 

Labor. —Our constitution contains many provisions 
favorable to labor, chief among which are the following: 

Eight hours shall constitute a day’s work for the state, 
county or municipality (Sec. 435), and in all cases in 
mines underground (Sec. 438). 

The contracting of convict labor is prohibited (Sec. 
436). 

The employment of children under the age of 15 
years in any occupation injurious to health or morals 
or hazardous to life or limb is prohibited (Sec. 437). 


100 


A STUDY OF CIVIL GOVERNMENT 


Boys under tlie age of 16 years and women and girls 
shall not be employed underground (Sec. 438). 

Provision for arbitration between employers and em¬ 
ployes, heretofore referred to (Secs. 226-257). 

The creation of a department of labor (Sec. 153) and 
provision for the creation of a board of arbitration and 
conciliation (Sec. 154). 

Contributory Negligence ,—This defense shall at all 
times be left to the jury. 

Personal Injuries. —The right to recover damages re¬ 
sulting in death shall never be taken away; and the dam¬ 
ages shall not be subject to any statutory limitation. 

Waiver of Rights. —Any provision of a contract, waiv¬ 
ing any of the benefits of the constitution, is declared null 
and void; and any provision requiring notice or demand, 
other than such as is provided by law, as a condition 
precedent to establish any claim, shall be void. 

Change in Salary or Emoluments. —Except wherein 
otherwise provided in the constitution, in no case shall 
the salary or emoluments of any public official be changed 
after his election or appointment or during his term of 
office, except by law enacted prior to such election or 
appointment. The term of any officer shall not be ex¬ 
tended beyond the period for which he was elected or 
appointed. All officers, however, shall continue to per¬ 
form their duties until their successors are qualified. 

Definition of Races. — 4 ‘Negro,” or “colored,” means 
a person of African descent. The term “white race” 
shall include all other persons. 

Article XXIV. 

Constitutional Amendments. 

Proposed in Legislature; Election. —An amendment 
may be proposed in either branch of the legislature, and 
when agreed to by a majority of the members elected 
to each house, such proposed amendment shall be entered 
on the journals and it shall be voted on at the next gen¬ 
eral election, unless by two-thirds vote of each house a 
special election is ordered. 

c 

<■ ' f c 


<( l 




CONSTITUTION OF OKLAHOMA 


101 


New Convention; Referendum Vote .—No convention 
shall be called by the legislature to propose amendments 
unless the law providing for the convention shall first 
he approved by the peo|)le on a referendum vote; and 
any amendment or new constitution proposed by such 
convention shall be submitted to the electors of the state 
and be approved by a majority of the electors voting 
thereon. The question of a new convention shall be sub¬ 
mitted to the people at least once in every twenty years. 

Initiative Petition. —In addition to the foregoing, the 
people have the right to propose amendments to the con¬ 
stitution as provided in Article V. 

Schedule. 

Change From Territorial Government .—In order that 
no inconvenience may arise by reason of the change in 
the forms of government, it is declared as follows: No 
existing rights, actions, proceedings or contracts shall be 
affected by the change, but all shall continue as if no 
change had taken place. 

The laws of the territory of Oklahoma in force at 
the time of the admission of the state, which are not 
repugnant to the constitution, shall remain in force until 
repealed by law. 

The constitution shall be in force immediately upon 
admission of the state into the union. 

All notaries public appointed before statehood may 
continue to exercise their duties. Females may act as 
notaries public. 

The property of the territory becomes the property 
of the state. 

All ordinances in cities and towns continue in force 
as if no change had taken place, and all taxes shall be 
collected under existing laws. 

Certain acts of congress relating to miners are 

adopted. 

Dental surgeons practicing on the 16th day of June, 
1906, are licensed to practice without examination. 

The boards of regents of the university and prepara¬ 
tory and normal schools shall continue to exercise their 


102 


A STUDY OF CIVIL GOVERNMENT 


functions until their successors are elected or appointed. 

The legislature is required to provide for the equi¬ 
table division of property of all counties in old Oklahoma. 

The limitation on the amount of indebtedness which 
may be incurred by a county, city, school district or other 
subdivision, shall not apply to indebtedness owing at the 
time of admission of the state. 

Provision is made for the transfer of cases pending 
at the time of admission of the state; and the amend¬ 
ments to the enabling act are accepted. 

Attorneys duly practicing before statehood are li¬ 
censed to practice without examination; and newspapers 
published before statehood are declared to be legal publi¬ 
cations. 

The expenses of the first election are assumed by the 
state, and the election ordinance and prohibition article 
are ratified. 

The terms of officers elected at the first election shall 
commence upon the admission of the state. 

The constitution shall be filed in the office of the sec¬ 
retary of state. 


Prohibition Article. 

By the enabling act the manufacture or furnishing 
of liquor in that portion of the state formerly known as 
Indian Territory was prohibited for twenty-one years. 
This became the law regardless of any action on the part 
of the state. The constitutional convention, however, 
provided that this prohibition should extend to the en¬ 
tire state, and the prohibition article thus adopted was 
ratified by the people. The legislature is authorized to 
create an agency in each town of not less than 2,000 and 
at least one in each county, where liquor may be secured 
upon prescription by a physician for medicinal purposes. 


CHAPTER XIII. 


FEDERAL AND STATE SOVEREIGNTY. 

“Still one thing more, fellow citizens—a wise and frugal government, which 
shall restrain men from injuring one another, shall leave them otherwise free to 
regulate their own pursuits of industry and improvement, and shall not take 
from the mouth of labor the bread it has earned. This is the sum of good gov¬ 
ernment, and this is necessary to close the circle of our felicities .—From Thomas 
Jefferson’s First Inaugural. 

The Two Governments Under Which We Live. —It is 
intended in this chapter to give the student a clearer 
understanding of the two forms of government under 
which he lives. The one is federal; the other, state. Both 
are “of the people, by the people and for the people.” 
The people made them. We will examine their develop¬ 
ment from colonial days and show how the colonies came 
into statehood and liow the people from the first settle¬ 
ment of this country claimed all the rights of English¬ 
men. Then we will examine the scope of federal and state 
powers. 

Government of the Colonies. —The colonists came over 
from England and formed themselves into colonies. Each 
colony had some form of local government. Most of the 
colonies were first planted by companies or proprietors. 
These companies or proprietors received grants or con¬ 
cessions from the crown to form colonies. Massachusetts, 
Connecticut and Rhode Island, however, were formed by 
voluntary associations of men who were bound together 
only by moral bonds. The colonies were largely the result 
of “private enterprise and public spirit.” In the year 
1606 the mother country granted a charter which con¬ 
tained a guaranty “that became the great bulwark of 
colonial rights and liberties.” In this charter it was 
guaranteed that the colonists should enjoy all liberties 
and immunities of subjects born in England. 

Development of Local Government. — As the years 
passed, local government developed. Throughout the 
colonial period the same types of government were pre- 


104 


A STUDY OF CIVIL GOVERNMENT 


served. Some of the colonies had charters or grants 
from the king. These charters granted to the people cer¬ 
tain rights. Pennsylvania, Delaware and Maryland were 
“proprietary colonies.” Their proprietors, William 
Penn and Lord Baltimore, were granted patents by the 
king; and these proprietors conceded to the people cer¬ 
tain rights and privileges. New Hampshire, New York. 
New Jersey, Virginia, North and South Carolina and 
Georgia, have been designated “Royal or Provincial Col¬ 
onies.” They were governed by governors, in conjunc¬ 
tion with assemblies and councils, receiving from time to 
time written instructions from the king. The last-men¬ 
tioned colonies had no charters, but the characteristics 
of the people, concessions from the crown and the sys¬ 
tems of government, were such that each had a “tradi¬ 
tionary constitution or charter.” The political features 
of the colonies, therefore, were quite similar. Says an 
eminent writer (Hinsdale’s American Government, p. 
37): 

“While the thirteen colonies differed in constitutional features, they practi¬ 
cally agreed in respect to governmental form, machinery and administration. 
First, the sum total of powers and functions was distributed to local and to 
central institutions ; secondly, the powers and functions distributed to each class 
of institutions were in the main the same; thirdly, the local institutions had 
certain general correspondences; and, fourthly, the central governments con¬ 
formed to one general type.” 

Thus developed the local systems of government, 
which may he termed: the town type of New England, 
the county type of the south and the mixed type of the 
west. These types have been examined more in detail in 
the chapters on Town and Township, Civil District and 
County. 

Each colony was really “a self-governing common¬ 
wealth, left to manage its own affairs, with scarcely any 
interference” from the mother country, says Mr. Brvce. 
We are speaking now of conditions before the differences 
arose which ended in the revolution. As regards civil 
and religious liberty, the colonists had all the rights of 
Englishmen. The right to vote was more restricted. The 
local government of each colony was patterned after Eng¬ 
lish institutions. Owing, however, to the new conditions 
existing in the colonies, the distance from the mother 
country and the reliance upon their own resources, the 


FEDERAL AND STATE SOVEREIGNTY 


105 


spirit of freedom flourished and developed during the 
years which preceded the revolution, and this spirit of 
freedom resulted at last in independence. 

Declaration of Independence. —We are brought, then, 
to the Declaration of Independence. Here we find the 
assertion of truths which were advanced by philosophers, 
but never before had they been put into a declaration or 
constitution for the government,of people. “We hold 
these truths to be self-evident , 1 ’ is the language used, 
“that all men are created equal, that they are endowed 
by their Creator with certain unalienable rights; that 
among these are life, liberty and the pursuit of happi¬ 
ness.” That governments are made to secure these 
rights, getting their power from the consent of the gov¬ 
erned; that whenever a government destroys any of these 
ends, “it is the right of the people to alter or to abolish 
it.” Then follows a recital of those rights which the 
king of England had denied, which have been so care¬ 
fully safeguarded in the bill of rights of the federal con¬ 
stitution, and the united colonies are declared to be “free 
and independent states,” and as such “have full power 
to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which inde¬ 
pendent states may of right do.” From that hour the 
colonies became “free and independent states,” and here 
we find the organization of the political division known 
as the state. Here we find the first declaration of the 
inherent rights of the people. 

Formation of States and Nation. —Having made this 
declaration, war began, and in 1777 the articles of con¬ 
federation were formed, and in these articles it is stated: 
“Each state retains its sovereignty, freedom and inde¬ 
pendence, and every power, jurisdiction and right which 
is not by this confederation expressly delegated to the 
United States in convention assembled.” Note the lan¬ 
guage used, “ expressly delegated.” Evidently the peo¬ 
ple were so concerned about giving powers to the new 
federal government that they wanted no powers given 
except by express language. However, in the last para¬ 
graph of section 8, article I, of the constitution, congress 


106 


A STUDY OF CIVIL GOVERNMENT 


is given power to make all laws necessary and proper 
for carrying into execution any power vested in the fed¬ 
eral government, and this provision gave rise to the doc¬ 
trine of implied powers, which means the powers neces¬ 
sary for carrying out the provisions of the constitution, 
although not expressly given in it. Again, in the tenth 
amenment, the language used is, “The powers not dele¬ 
gated to the United States by the constitution . . . are 
reserved,” etc. The word “expressly” before “dele¬ 
gated” is omitted, which strengthens the argument for 
implied powers in the federal government. 

All Power Inherent in People. —We have thus exam¬ 
ined briefly the history and development of government 
in the United States in order to impress clearly upon 
the student the proposition that all powers of government 
in this country come from the people; that all men have 
certain inalienable rights; that all just governments get 
their powers from the consent of the persons governed, 
and that only when this consent is given, and to the extent 
given only, can any power of government over a free 
people be exercised. 

Definition of Inherent Rights } Privileges and Immu¬ 
nities; Citizenship. —There is, in books devoted to poli¬ 
tics and systems of government, frequent use of the ex¬ 
pression, “rights, privileges and immunities of citizens.” 
What does it mean! When a person becomes a citizen 
of a government, he surrenders a portion of his natural 
rights; that is, those rights which would be his in a state 
of nature, subject to no restraints of government, but per¬ 
mitted to pursue his own impulses and happiness like 
an uncivilized being. He says to the government: “I 
want to become a member of your family, a citizen of 
your government. ’ ’ The government says to him: ‘ ‘ Very 
well; you may do so, but you must abide by our rules 
and regulations.” In the case of a foreigner coming to 
this country, a formal oath of allegiance must be taken, 
but a child takes the same citizenship as its parents. 
When a person becomes a member of the governmental 
family, therefore, he agrees that the government may 
regulate his conduct in certain ways. The government 


FEDERAL AND STATE SOVEREIGNTY 107 

has its regulations written down in the form of constitu¬ 
tions and laws, like the constitution and by-laws of a de¬ 
bating society or any other organized association of per¬ 
sons. When a person becomes a member of the govern¬ 
mental family, he assumes the status of a citizen. He is 
permitted in all respects to regulate his private conduct 
and his dealings with other men, so long as he does not 
trample upon the rights of others, as defined in the regu¬ 
lations or laws of the government, and so long as he per¬ 
forms his other duties as a citizen as provided in those 
laws. The people formed the government originally and 
consented that it should have certain powers. They first 
formed the colonies, then the states, then the United 
States. They became citizens of the several states and 
agreed regarding citizenship that a citizen of one state 
should be entitled to the privileges and immunities of 
citizens of the several states. Although the privileges 
and immunities of citizens may differ in each state, still 
each citizen living, though temporarily, in that state, is 
entitled to the privileges and immunities of its citizens. 
These rights, privileges and immunities have been the 
subject of judicial decision and no better definition of 
them can be given than the following: 

i 

“What are the privileges and immunities of citizens of the several states?. 
We feel no hesitation in confining these expressions to those privileges and 
immunities which are fundamental and which have at all times been enjoyed by 
citizens of the several states which compose this union, from the time of their 
becoming free, independent and sovereign. What these fundamental principles 
are, it would be more tedious than diflicult to enumerate. . . . They may all, 
however, be comprehended under the following general heads : Protection by the 
government, with the right to acquire and possess property of every kind, 
and to pursue and obtain happiness and safety, subject, nevertheless, to such 
restraints as the government may prescribe for the general good of all.” 

Federal and State Sovereignty Explained .—Every 
citizen of the United States then owes allegiance to two 
governments, the federal government and the state gov¬ 
ernment. The federal government within its sphere is 
sovereign, the state government within its sphere is sov¬ 
ereign. The state existed before the United States. The 
latter could not have come into existence but for the 
states. The states could continue to exist without the 
United States, but the latter could not exist without the 
states. All the powers exercised by the federal govern¬ 
ment are delegated or granted powers, while the powers 


108 


A STUDY OF CIVIL GOVERNMENT 


exercised by the states are not grants, but were powers 
inherent in the people. One writer well says: ‘ 4 The na¬ 
tional and state constitutions are written in different 
political vocabularies. The first speaks the language of 
delegated powers; the second speaks the language of 
inherent powers/ ’ We find in the federal constitution 
an enumeration of powers delegated to congress, which 
are the only powers that can be exercised by it. No state 
constitution need contain a grant of powers to the legis¬ 
lature. The legislature of a state may exercise every 
power of legislation not prohibited to it by the federal 
or state constitutions. 

Extent of Federal and State Control .—It may then be 
properly asked, What can the federal and state govern¬ 
ments do? The average citizen, in so far as he comes in 
contact with the federal government, knows very little 
of it. He goes to the postoffice to get his mail or Uncle 
Sam delivers it to him. The federal government handles 
the mail. He votes for congressman every two years and 
for president every four years, and is once in a lifetime. 
perhaps called to serve as a juror in the federal courts. 
This is about the extent of the experience of the average 
citizen with the federal government. But what of the 
state? Its powers are many. Here are some of them: 

It establishes schools and provides for the education 
of all children in the state. 

It conducts all elections and regulates the manner 
of voting. 

It incorporates cities and towns and provides for the 
government of all local communities, such as townships, 
counties, cities, towns and school districts. 

It levies the taxes which support the state govern¬ 
ment. 

It regulates all matters of marriage and divorce. 

It provides for the trial and punishment of all persons 
charged with murder or any other offense. 

It regulates the conduct of all business carried on by 
persons or corporations in the state, except what is known 
as interstate commerce. 


FEDERAL AND STATE SOVEREIGNTY 109 

It regulates the relations of parent and child, husband 
and wife, guardian and ward, master and servant. 

It provides for the roads and bridges in the state. 

It regulates the civil rights and liberties of individ¬ 
uals. 

It is the big policeman, so to speak; for it maintains 
law and order in the state. 

In fact, all matters which in law come under the head 
of police regulation (which includes all matters concern¬ 
ing public safety, health or morals) are within the exclu¬ 
sive control of the state. 

Further Powers of the Nation. —The nation, then, 
attends to matters of national concern. It conducts our 
business with foreign nations, makes treaties which bind 
all the states and has the power to declare war. It is 
the department of foreign affairs. 

Interstate Commerce .—It has jurisdiction over all 
matters of interstate commerce. This jurisdiction of the 
federal government over interstate commerce is the most 
important question before the American people today. 
Most of the business of this country is conducted by large 
corporations. These corporations ship their product into 
every state, and when this product passes from the state 
in which it is manufactured into another state, it becomes 
interstate commerce and subject to the control of the 
federal government. Railroads which pass from one 
state into another, carrying this product, are engaged in 
interstate commerce. There is no doubt about the power 
of a state to regulate the conduct of all corporations, as 
well as persons while in the state, but there is quite a 
difference of opinion as to bow far the power of the fed¬ 
eral government extends over interstate commerce. 

Recent Conference at White House. —The importance 
of this question was the subject of discussion recently 
at the most historic gathering of its kind ever held in 
the United States. Upon the invitation of President 
Roosevelt, forty-four governors met at the White House 
and discussed the question of federal and state control 
over railroads and big corporations. Governor Comer 


110 


A STUDY OF CIVIL GOVERNMENT 


of Alabama voiced the sentiment of a majority of the 
governors when he expressed his concern over the effort 
of the federal government to control and regulate rail¬ 
roads and other large corporations, fearing that such 
action would take from the state a power they have. 
President Roosevelt, however, stated that he was in favor 
of the state regulating the railroads and other large cor¬ 
porations, if it could be done; and if it could not be done, 
he wanted the power given to the federal government. 
He expressed himself as being in favor of the states re¬ 
taining every power of local self-government possible. 

The question of what is interstate commerce has been 
the subject of judicial decision many times, but the tech¬ 
nical construction of the powers of congress and of the 
states over the subject covers a field too elaborate for 
review here. 

Constitution of United States Supreme .—While the 
states attend to ail matters of domestic concern, it must, 
not be forgotten that the constitution of the United States 
is the “supreme law of the land, and the judges in every 
state shall be bound thereby, anything in the constitution 
or laws of anv state to the contrary notwithstanding.’’ 
(Const. IT. S., Art. VI.) 

This means that whenever any state passes any law 
which conflicts with the constitution of the United States 
or any law made lawfully by congress, or any treaty, the 
federal constitution is supreme and the action of the state 
is void. In determining this question, you should ask 
yourself these questions: 

First, does the federal constitution give congress the 
power to pass the law! 

Second, does the federal constitution prohibit the state 
from passing the law! 

Tf the answer is “No” to each question, the state can 
pass any law upon any matter it sees fit. 

SUGGESTIVE QUESTIONS. 

1. What two governments are there In the United States? 

2. How were the colonies formed? 

3. What kinds of charters had the different colonies? 

4. Describe the government in the colonies prior to the Revolution. 

5. What fundamental truths are asserted in the Declaration of Independence? 




.FEDERAL AND STATE SOVEREIGNTY 


111 


0. Where does all power in our government come from? 

7. What are inherent rights? 

8. How may a foreigner become a citizen? 

9. Describe the features of difference between the federal and state governments. 

10. What powers does the state have? 

11. What powers does the federal government have? 

12. What is interstate commerce? 

13. How can you tell whether the state has power to pass a law? 

14. IIow can you tell whether congress has power to pass a law? 


CHAPTER XIV 


THE NATION. 

Government of the United States. 

PRELIMINARY OBSERVATIONS. 

“Youngster, let that show you what it is to be without a family, without a 
home and without a country. And if you are ever tempted to say a word or to 
do a thing that shall put a bar between you and your family, your home and 
your country, pray God in his mercy to take you that instant to his home in 
heaven. Stick by your family, boy ; forget you have a self while you do every¬ 
thing for 1 them. Think of your home, boy, write and send, and talk about it. Let it 
be nearer and nearer to your thoughts the farther you have to travel from it. And 
•for your country, boy, and for that flag, never dream a dream but serving her as 
she bids you, though the service carry you through a thousand hells. No mat¬ 
ter what happens to you, no matter who flatters you or who abuses, never look 
at another flag, never let a night pass but you pray God to bless that flag. 
Remember, boy, behind all these men you have to do with, behind offices and 
government and people even, there is the Country Herself, your Country, and 
that you belong to her as you belong to your own mother. Stand by her. boy, 
as you would stand by your mother .”—Edward Everett Hale, in “A Man Without 
a Country 


SONG, “AMERICA.” 

My country, ’tis of thee, 

Sweet land of liberty. 

Of thee I sing; 

Land where my fathers died, 
Land of the pilgrim’s pride, 
From every mountain side 
Let freedom ring. 

My native country, thee. 

Land of the noble free, 

Thy name I love; 

I love thy rocks and rills, 
Thy woods and templed hills ; 
My heart with rapture thrills 
Like that above. 

Let music swell the breeze, 
And ring from all the trees 
Sweet freedom’s song : 

Let mortal tongues awake; 

Let all that breathe partake ; 
Let rocks their silence break, 
The sound prolong.- 

Our fathers’ God, to thee, 
Author of liberty, 

To thee we sing: 

Long may our land be bright 
With freedom’s holy light; 
Protect us by thy might. 
Great God, our King. 


Bights Denied the Colonists .—The constitution of the 
United States was adopted by the convention of the states 
Sept. 17, 1787. It was the outgrowth of the encroach- 



THE NATION 


113 


merit by the mother country upon certain inalienable 
rights of men,, designated in the Declaration of Inde¬ 
pendence as “life, liberty and the pursuit of happiness.” 
To be more specific, the inalienable rights alleged to be 
violated were, according to an eminent authority (Cooley, 
Const. Law, p. 8), included in four main points, to wit: 

‘‘I- Imposing taxes without the consent of the people’s representatives. 

Keeping up standing armies in time of peace to overawe the people. 3. Deny¬ 
ing a right to trial by a jury of the vicinage in some cases, and providing for a 
transportation of persons accused of crimes in America for trial in Great 
Britain. 4. Exposing the premises of the people to searches, and their persons, 
papers and property to seizures on general warrants.” 

All these rights were enjoyed by Englishmen, but 
were denied to Americans. 

Articles of Confederation .—The articles of confedera¬ 
tion were proposed by congress in September, 1776. They 

were ratified in 1778 bv all but two states—Delaware and 

%> 

Maryland—the two latter giving their assent in 1779 and 
1781, respectively, and in March, 1781, congress assem¬ 
bled under the confederation. War had been going on 
for several years and the common interest of the colonies 
had impelled them to act together in their common de¬ 
fense. It was believed, therefore, that the articles of 
confederation would tie more closely the mutual bonds 
of common interest and defense. The articles accom¬ 
plished this end but imperfectly. They were simply de¬ 
signed to create a 4 ‘firm league of friendship/’ and after 
being in force about six years, it was found advisable to 
form a constitution which would make the union of the 
states more complete and satisfactory. 

Defects of the Articles of Confederation .—The de¬ 
fects of the articles of confederation were many. There 
was no provision for a national judiciary nor an execu¬ 
tive head. It had no authority to compel obedience to 
laws, and many of the states would not tax their people 
for its support. They sometimes refused to pay their 
allotted shares of interest on the national debt. Con¬ 
gress had no power to regulate trade and make treaties. 
These and many other defects made the failure of the 
confederation inevitable. It was, in short, merely “a 
board of advice without governmental efficacy,” and after 



114 


A STUDY OF CIVIL GOVERNMENT 


the states had secured their independence, the confedera¬ 
tion was tottering on the threshold of dissolution. An 
early revision of the articles therefore became impera¬ 
tive, and a convention of the states was called by resolu¬ 
tion of congress adopted in February, 1787, to meet in 
May, 1787, to accomplish this purpose. 

Action of the Convention Revolutionary .—Regarding 
the procedure of the constitutional convention an eminent 
authority (Cooley, Const. Law, p. 15), says: 

“The convention when it met, after full consideration, determined that alter¬ 
ations and amendments to the articles would be inadequate to the purposes of 
government, and proceeded to recommend a new constitution, and to provide 
that ‘the ratification of the conventions of nine states would be sufficient for the 
establishment of this constitution between the states so ratifying the same. 
As this was in disregard of the provision in the articles of confederation, w’hich 
required the assent of every state, it was a revolutionary proceeding, and could 
be justified only by the circumstances which had brought the union to the brink 
of dissolution/’ 

Constitution Adopted. —The convention met behind 
closed doors upon May 25, 1787, and was in session until 
Sept. 17, 1787. Many of the more important proposi¬ 
tions embodied in the constitution were adopted after a 
close vote, and the entire document was the result of 
many compromises. Probably no single member was 
satisfied with all the provisions, but nearly all felt that 
it was the best document which could be secured. Only 
three members refused to attach their signatures to it. 
James Madison was a member of the convention. He 
was a shorthand reporter and made copious notes of the 
proceedings. These notes were not published until nearly 
half a century later, and they now furnish to the stu¬ 
dent the only detailed account of the actions of the dis¬ 
tinguished patriots composing the convention. 

Government Inaugurated. —March 4, 1789, was the 
time fixed for the organization of the government, but 
it was not in fact inaugurated until April 30, 1789. North 
Carolina and Rhode Island did not become members of 
the union, however, until November, 1789, and May, 1790, 
respectively. 

Superiority of the Constitution. —A careful reading 
of the articles of confederation and the constitution of 
the United States will disclose the wisdom of the latter 




THE NATION 


115 


document and the weakness of the former. The pream¬ 
ble of the constitution expresses this idea, for it pro¬ 
vides, “ \\ e, the people of the United States, in order to 
form a more perfect union etc. 

Bill of Rights; Federal and State Sovereignty; Rule 
of Construction. —The constitution contains no enumera¬ 
tion of fundamental rights, generally termed “bill of 
rights.” The omission of this feature was made a ground 
of opposition to ratification on the part of several states, 
and the first eight amendments were subsequently 
adopted in deference to this sentiment. They are, in 
effect, a bill of rights. The purpose of these amend¬ 
ments and similar provisions in the constitution itself 
was to limit the power of the federal government, not 
of the states. This proposition should be kept clearly 
in mind in construing the constitution. The constitu¬ 
tion, except as provided in section 9, Article I, does not 
enumerate the limitations upon the power of the national 
government regarding individual liberty. The federal 
government is one of enumerated powers, and, as pro¬ 
vided in the tenth amendment, all “powers not delegated 
to the United States by the constitution nor prohibited 
by it to the states, are reserved to the states respectively 
or to the people.” Therefore the restrictions or limi¬ 
tations in the constitution are to be construed as restric¬ 
tions only upon the federal government, unless the word 
“state” is expressly used. When this rule of construc¬ 
tion is kept clearly in mind, it will not be difficult to see 
where federal sovereignty ceases and state sovereignty 
begins. “When a particular power is found to belong 
to the states, they are entitled to the same complete inde¬ 
pendence in its exercise as is the national government 
in wielding its own authority. Each within its sphere 
has sovereign powers (Cooley, Const. Law, p. 35.) 

suggestive questions. 

1. When was the constitution of the United States adopted? 

2. What were four main points of difference between the colonies and the 

mother country? 

3. When were the articles of confederation proposed and ratified? 

4. What is said about the defects of the articles of confederation? 

5. What is said about the powers of the constitutional convention? 

6. What is said about the bill of rights? 

7. What is the rule of construction in regard to federal and state rights? 


CHAPTER XV. 


THE NATION (CONTINUED). 

Form of Government; Constitution Supreme. —We 
have a republican form of government. It is so called 
because it is a government by representatives of the 
people. Each state lias a republican form of government. 
The people of the union comprise the national or fed¬ 
eral government. The federal government has certain 
enumerated powers and those which arise from necessary 
implication (to carry these powers into effect) only. The 
states have all other powers not prohibited to them by 
the federal constitution. As heretofore stated, each 
within its sphere has sovereign powers. It is, however, 
expressly provided in Article VI that 

“This constitution and all laws of the United States which shall be made 
In pursuance thereof and all treaties made or which shall be made under the 
authority of the United States, shall be the supreme law of the land, and the 
judges in every state shall be bound thereby, anything in the constitution or 
laws of any state to the contrary notwithstanding.” 

All Officers Must Take Oath. —It is further provided 
that senators and representatives, members of legisla¬ 
tures and all executive and judicial officers, national and 
state, shall take an oath to support the constitution of 
the United States. 

Similarity of National and State Governments. —It 
will be seen, therefore, that we have two classes of gov¬ 
ernment in the United States: federal and state. The 
federal government is divided into three branches: leg¬ 
islative, executive and judicial. Each state makes the 
same division. The head of the nation is the president. 
The chief executive of a state is the governor. The exec¬ 
utive branch of the nation exercises its authority through 
the president and departments. The executive branch 
of a state exercises its authority through the governor 
and the heads of the several departments. There is a 
vice-president. The state has a lieutenant-governor. The 




THE NATION 


117 


nation has a congress composed of a senate and house 
of representatives. The state has a legislature composed 
of senate and house. There is a national judiciary com¬ 
posed of a supreme court and inferior courts. The state 
has a judicial system, including a supreme court and 
inferior courts. The student will see at once, therefore, 
that the federal and state governments are very similar. 

Legislative Department. 

Congress; Members. — All legislative powers are 
vested in congress, consisting of a senate and house of 
representatives. The members of the house are elected 
every two years, while senators hold their office for six 
years, one-third of the latter being elected every two 
years. Representatives must be at least 25, and senators 
at least 30, years of age. Representatives and direct 
taxes are to be apportioned among the several states, 
which shall be determined by adding to the whole number 
of free persons, including those bound to service for a 
term of years, and excluding Indians not taxed, three- 
fifths of all other persons. “Other persons” referred 
to were slaves. This provision was amended in so far 
as it related to the representatives, by section 2 of the 
fourteenth amendment, which provided that all persons 
should be counted, except Indians not taxed. The four¬ 
teenth amendment was passed after the war. The num¬ 
ber of representatives provided in the constitution was 
fixed at one for every 30,000, but this ratio has steadily 
increased until the ratio now is one for nearly 200,000. 
The number of representatives in the first house was 65. 
Now it is 391. The number of senators in the first senate 
was 26. Now it is 92. When vacancies occur in represen¬ 
tation from a state, they shall be filled by writs of elec¬ 
tion issued by the governor. The manner of filling a 
vacancy in the office of representative is provided by law 
in each state. The presiding officer of the house is the 
speaker. The house has the sole power of impeachment 
and of originating bills of revenue. The manner of elec¬ 
tion of president and vice-president, in which the house 
participates, is referred to in another place. (See Exec¬ 
utive Department.) 


118 


A STUDY OF CIVIL GOVERNMENT 


Senate; Election; Organization; Powers. —Under the 
constitution the first senators elected were divided into 
three classes, each class to serve for two years. There¬ 
after the term should be six years. The governor of a 
state appoints a person to fill any vacancy in the senate. 
A senator must have been nine years a citizen of the 
United States and an inhabitant of the state for which 
he shall be chosen. The presiding officer of the senate is 
the vice-president, but the latter has no vote unless the 
senate be equally divided. The senate shall choose its 
other officers, including a president pro tempore, who 
presides in the absence of the vice-president. The senate 
shall have the sole power to try all impeachments, and 
when sitting for that purpose the senators shall be under 
oath or affirmation. When the president of the United 
States is tried, the chief justice of the supreme court 
shall preside, and two-thirds of the members present 
must concur An order to convict. Judgment in cases of 
impeachment shall extend only to removal from office 
and disqualification to hold any other office, but the party 
convicted may also be subject to indictment and trial.. 

Senate Continued; When Congress Meets. — Each 
state regulates the time and manner of holding election 
for senators and representatives, except that senators 
must be elected by the legislature. Congress may, how¬ 
ever, make or alter such regulations. Congress assem¬ 
bles once every year upon the first Monday in December. 
There is a long session and a short session every alter¬ 
nate year, the short session adjourning at noon on the 
fourth day of March, but the long session may continue 
for a year, or until the time for convening the next ses¬ 
sion. 

Senate and House; Rules of Proceedings. — Each 
house is the judge of the election and qualification of its 
own members. No other power can interfere with the 
exercise of this power. A majority of each constitutes 
a quorum. Each house determines the rules of its pro¬ 
ceedings, may punish members for misconduct and by 
a two-thirds vote may expel a member. Each house shall 
keep a journal of its proceedings, and the vote by yea 




THE NATION 


119 


and nay, that is, the vote by individual members, may be 
entered on the journal upon request of one-fifth of those 
present. Neither house during the session of congress 
, may, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in 
which the two houses are sitting. 

Members; Compensation , Privileged From Arrest .— 
The compensation of members is provided by act of con¬ 
gress. It is now fixed at $7,500 per year. Each member 
is privileged from arrest while attending congress, except 
for treason, felony or breach of the peace, and may not 
be questioned in any other place for anything said in 
congress. No senator or representative shall during his 
term hold any civil office under the authority of the 
United States. 

Passage of Bills. —All revenue bills must originate 
in the house. After passage there, they are sent to the 
senate. A bill, in order to become a law, must be passed 
by a majority vote of each house. It is then sent to the 
president and the latter may approve or disapprove it. 
If he disapproves the bill it is sent back to the house in 
which it originated, and if that house and the other house 
pass the bill by a two-thirds vote, it shall become a law. 
If any bill shall not be returned by the president to the 
house in which it originated within ten days it shall 
nevertheless become a law, unless congress, by its ad¬ 
journment, prevents its return, in which case it shall 
not be a law. 

Powers of Congress. —As heretofore stated, congress 
has only such powers as are expressly given it in the 
constitution, or arise by necessary implication. These 
express powers are as follows: 

To provide for the national revenues. 

To borrow and coin money, provide punishment for 
counterfeiting coins and fix the standard of weights and 
measures. 

To regulate commerce. 

To provide for naturalization of citizens and to pro¬ 
vide a uniform law on bankruptcy. 

To establish postoffices and post roads. 


120 


A STUDY OF CIVIL GOVERNMENT 


To provide for copyrights and patents for authors 
and inventors. 

To constitute tribunals inferior to the supreme court 
and to regulate the jurisdiction of the federal courts. 

To define and punish treason, piracies and felonies 
on the high seas and offenses against the law of nations. 

To declare war, raise and support armies and navy r 
and make all necessary rules for the government of the 
land and naval forces. 

To provide for calling forth the militia and for the 
organization of the state militia. 

To exercise exclusive legislation over the seat of gov¬ 
ernment and other places under the exclusive jurisdic¬ 
tion of the United States. 

To provide for choosing electors for president and 
vice-president. 

To prescribe the manner in which acts, records and 
proceedings of one state may be proved in another state. 
To admit new states into the union. 

To propose amendments to the constitution. 

To make all laws necessary and proper for carrying 
into execution the foregoing powers. 

To provide for the enforcement of the thirteenth, 
fourteenth and fifteenth amendments. 

SUGGESTIVE QUESTIONS. 

1. How are the legislative powers of government vested? 

2. Of what does congress consist? 

3. Give the qualifications, powers, term and duties of senators. 

4. Give the qualifications, powers, term and duties of representatives? 

5. What provision was first made relative to slaves? 

6. What is the ratio of representation in the house? 

7. What is the membership of the senate and house? 

8. How are vacancies in the senate and house filled? 

9. Who is the presiding officer of the senate? Of the house? 

10. What house presents impeachments and which house tries them? 

11. When the president is impeached how is he tried? 

12. How are senators elected? 

13. When does congress assemble? 

14. What is the length of the long and short sessions? 

15. What is said of the powers of each house? 

16. What is the compensation of members? 

17. Are members privileged from arrest? 

18. What provision is made relative to revenue bills? 

19. How may a bill become a law? 

20. What are the express powers of congress? 

Executive Department . 

President and Vice-President. —The executive power 
of the national government is vested in the president, 



THE NATION 


121 


who, together with the vice-president, holds office four 
years. 

Election of President and Vice-President. —As a mat¬ 
ter of fact, the people do not vote directly for president 
and vice-president, but they vote for electors, who in 
their turn vote for president and vice-president. Each 
state has the same number of electors as it has senators 
and congressmen. It frequently happens that the people 
cast more votes for certain candidates for president and 
vice-president, who, however, are not elected because the 
opposing candidates receive the majority of the electoral 
votes. 

Manner of Election. —Article II is now superseded 
by the twelfth amendment. The constitution originally 
provided that the person receiving the highest number 
of votes should be president and the person receiving the 
next highest should be vice-president. This naturally 
resulted in the president and vice-president sometimes 
being of opposite political views. At present the electors 
cast their ballots for president and vice-president and 
send them sealed to the president of the senate, who, 
in the presence of both houses, opens them. The persons 
receiving the greatest number of electoral votes, if it be 
a majority, are declared president and vice-president. 
If no person receives a majority, the house of represen¬ 
tatives elects the president and the senate elects the vice- 
president. Only once in the history of the nation has a 
dispute arisen over the proper procedure, and this oc¬ 
curred in the election of President Hayes in 1877. In 
that case a joint high commission was created to deter¬ 
mine the disputed election returns from some of the 
states. 

President and Vice-President; Qualifications; Suc¬ 
cession to Presidency. —The president and vice-president 
must be native citizens of the United States, and at least 
35 years of age. In case of death of the president or 
inability to act the vice-president shall become president 
or perform the duties of president. After the vice-presi¬ 
dent the order of succession to the presidency is as fol¬ 
lows : 


122 


A STUDY OF CIVIL GOVERNMENT 


Secretary of state. 

Secretary of the treasury. 

Secretary of war. 

Attorney-general. 

Postmaster-general. 

Secretary of the navy. 

Secretary of the interior. 

Secretary of agriculture. 

Secretary of commerce and labor. 

The President; Powers and Duties .—The president 
is commander-in-chief of the army and navy; has the 
power to grant reprieves and pardons for offenses 
against the United States except in cases of impeach¬ 
ment ; has the pow r er, by and with the advice and consent 
of the senate, to make treaties and to appoint ambassa¬ 
dors, judges of the United States courts, cabinet officers 
and all other appointive officers in the employ of the 
United States, unless their appointment is otherwise pro¬ 
vided for by act of congress or the constitution. The 
president has power to convene both houses or either 
of them in extraordinary session; shall communicate to 
them from time to time on the state of the union (the 
custom has been to do this by written message at least 
once a year at the opening of congress); shall have power 
to fill vacancies in appointive positions; may adjourn 
congress in case of its disagreement; shall receive am¬ 
bassadors and other public ministers; shall take care 
that all laws be faithfully executed; and shall commission 
all officers of the United States. 

Executive Departments .—The business of the execu¬ 
tive branch of the government is carried on through 
departments. The head officer of each department is 
a member of the cabinet. The cabinet, according to 
custom, meets at the White House twice a week, and all 
matters of public import are discussed at such meetings. 
The head of each department is responsible for the con¬ 
duct of that department, and the president usually fol¬ 
lows the advice of his cabinet in all his official actions. 
Each head of a department makes an annual report to 


THE NATION 


123 


the president, setting forth the conduct and needs of his 
department. Congress has at different times in the his¬ 
tory of the nation created these various departments and 
placed a cabinet officer at the head of each. At present 
they are as follows: State, War, Navy, Justice, Treasury, 
Interior, Postoffice, Agriculture, Commerce and Labor. 

Heads of Departments .—The head of each department 
is designated 4 ‘secretary,’’ as “secretary of state,” etc.; 
except the department of justice and the postoffice de¬ 
partment, the heads of those departments being desig¬ 
nated “ attorney-general’ ’ and “ postmaster-general ” re¬ 
spectively. 

Bureaus and Divisions. —Each department has a num¬ 
ber of bureaus or divisions, and these may be found in 
the Addenda. 

Intercourse With Foreign Nations. —The state de¬ 
partment carries on the business of the government with 
the various states and with foreign nations. The presi¬ 
dent appoints an ambassador, minister or consul to each 
foreign country, and his duty is to look after American 
interests and report to the state department. The other 
departments have jurisdiction over the matters indi¬ 
cated by the various divisions and bureaus. 

Impeachment. —The president, vice-president and all 
civil officers of the United States may be removed from 
office on impeachment for and conviction of treason, 
bribery and other high crimes and misdemeanors. 

Salary of President and Vice-President. —The salary 
of the president is $50,000, and that of the vice-president, 
$12,000, per year. 


SUGGESTIVE QUESTIONS. 

1. In what officer is the executive power vested? 

2. What is the term of the president and vice-president? 

3. How are the president and vice-president elected? 

4. What are the qualifications for president and vice-president? 

5. What is the order of succession to the presidency? 

6. What are the powers of the president? 

7. What is the cabinet? 

8. What is the duty of the head of a department? 

9. Into what departments is the executive branch divided? 



124 


A STUDY OF CIVIL GOVERNMENT 


10. Enumerate the bureaus or divisions in each department: 

(a) Department of state. 

(b) Department of the treasury. 

(c) Department of war. 

(d) Department of justice. 

(e) Postoffice department. 

(/) Department of the navy. 

(g) Department of the interior. 

( h ) Department of agriculture. 

(i) Department of commerce and labor. , 

(j) Independent and miscellaneous. 

11. What is said about ambassadors, ministers and consuls? 

12. How may the president, vice-president and all civil officers be removed from 

office? 

13. What is the salary of the president and vice-president? 


Judicial Department. 

Supreme, Circuit and District Courts .—The judicial 
power of the United States is vested in the supreme court 
and such other courts as may be created by congress. 
The number of supreme judges is now fixed by act of con¬ 
gress at nine. Each state has one or more federal dis¬ 
trict court districts. There are also nine circuit court 
districts or circuits. A judge of the supreme court is 
assigned to each circuit, and holds court therein once a 
year. There is a circuit court of appeals for each circuit. 

Jurisdiction .—The United States courts have juris¬ 
diction in all cases arising under the constitution, laws 
of the United States or treaties; affecting ambassadors 
and other public ministers and consuls; arising on the 
high seas or relating to admiralty; in all cases of con¬ 
troversy between different states; and in cases of diverse 
citizenship; that is, between citizens of different states. 
It will be seen, therefore, that unless a case comes within 
the provisions above mentioned, it is brought in the state 
courts and the state supreme court is the highest court 
in the state. But in all cases involving any of the ques¬ 
tions within the provisions above mentioned, suit must 
be brought in the United States district or circuit court 
and may be appealed to the supreme court of the United 
States. Wherever a suit involving a federal question 
(and by that is meant any question relating to the consti¬ 
tution or laws of the United States) is brought an ap¬ 
peal may be taken from the state courts in like manner 
to the supreme court of the United States. The supreme, 
circuit and district judges hold office for life. 


THE NATION 


125 


SUGGESTIVE QUESTIONS. 

1. In what Is the judicial power vested? 

2. Describe the federal courts. 

3. When may a suit be brought in the United States courts? 

4. How long do federal judges hold office? 

Bill of Rights. 

Tinder this title it is intended to enumerate those 
rights guaranteed by the federal constitution to the in¬ 
dividual citizen, with a reference to our own constitution 
where the latter instrument adds additional rights or 
restrictions. 

We have already stated that the federal constitution 
contains no bill of rights. It does, however, limit in a 
few instances the power of congress over certain indi¬ 
vidual liberties, as follows: 

Habeas Corpus. —Article 1, section 9, provides that 
“the privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, 
the public safety may require it.” The writ of habeas 
corpus is a writ issued by a court to ascertain why an 
individual is restrained of his liberty. The foregoing 
provision prevents the suspension of this writ, except in 
cases of rebellion or invasion. 

Bill of Attainder; Ex Post Facto Law. —It is further 
provided in the same section that no bill of attainder or 
ex post facto law shall be passed. Attainder is defined 
to be the “stain or corruption of the blood of a criminal 
capitally condemned; the immediate, inseparable conse¬ 
quence of the common law on the pronouncing of sen¬ 
tence of death.” An ex post facto law, briefly, is one 
that makes an action criminal which was not so at the 
time it was committed. Under our federal and state con¬ 
stitution no acts of this nature can be passed. 

Trial by Jury; No Religious Test Required. —The 
constitution further provides that the trial of all crimes, 
except in cases of impeachment, shall be by jury; defines 
treason, and provides that no religious test shall be re¬ 
quired as a qualification for office. 

Aside from the features above mentioned, there is 
no enumeration of the rights of the individual citizen. 


126 


A STUDY OF CIVIL GOVERNMENT 


♦ 

Enumeration of Rights of Individuals Contained in 
First Eight Amendments. —The enumeration of rights 
is contained in the first eight amendments to the federal 
constitution. These rights were all denied the colonies 
by the mother country and were moving causes of the 
revolution. 

Rule of Construction. —The rule of construction here¬ 
tofore mentioned should be kept in mind; that is, that 
these amendments are restrictions upon the power of 
congress and not upon the state. However, our stato 
constitution contains practically the same provisions, 
which are likewise restrictions upon the power of the 
state legislature to pass laws relating to the subjects 
mentioned. We will refer to these amendments briefly: 

First Amendment. —The constitution provides that 
no religious test shall be required as a qualification for 
office, but the first amendment goes further and provides 
that no law shall be passed respecting religion or pro¬ 
hibiting the free exercise thereof. It prohibits, further, 
the enactment of any law “abridging the freedom of 
speech or of the press or the right of the people peace¬ 
ably to assemble. 

The Second Amendment provides that “the right of 
the people to keep and bear arms shall not be inf ringed,’ ’ 
and permits a state militia. 

The Third Amendment provides that no soldier shall 
be quartered in one’s house without the owner’s consent 
in time of peace and in time of war only as provided 
by law. 

The Fourth Amendment provides that one’s person, 
house, papers and effects shall not be searched except 
where warrant has been issued, and this warrant must 
particularly describe the place to be searched, can only 
issue where there is reason to believe the law has been 
violated, and must be sworn to by some person. 

The Fifth Amendment provides that no person shall 
be held to answer for a capital or otherwise infamous 
crime, unless on presentment or indictment of a grand 



THE NATION 


127 


jury, except in the army or navy during war. In the 
latter case a person may be tried peremptorily by a 
court martial. Our state constitution differs from the 
foregoing provision in one important particular, which 
is contained in section 26. This permits the commence¬ 
ment of a prosecution by filing an information. This has 
been referred to in treating of the bill of rights of the 
state constitution. 

The amendment further provides that no person shall 
be “subject for the same offense to be twice put in jeop¬ 
ardy of life or limb,” which means that no person shall 
be tried for the same offense twice. It further provides 
that no person shall be compelled to be a witness against 
himself, “nor be deprived of life, liberty or property 
without due process of law” (that is, there must be some 
law authorizing his life, liberty or property to be taken 
or interfered with); “nor shall private property be taken 
for public use without just compensation” (which means 
that one’s property, where it is desired for public pur¬ 
poses, must be condemned and the owner paid its reason¬ 
able value). Our state constitution, in section 33, regu¬ 
lates specifically the procedure in cases covered by the 
last clause. It also contains a requirement (section 36) 
that no person shall be excused from giving evidence 
against any other person or corporation on the ground 
that it may tend to incriminate him. This has already 
been referred to in treating the bill of rights of our state 
constitution. 

The Sixth Amendment relates to the trial of one 
charged with crime. It guarantees a speedy trial by an 
impartial jury of the state or district where the crime 
was committed; that the accused be informed of the 
nature of the accusation; that if he is unable to secure 
witnesses by reason of being too poor or for other cause, 
the witnesses be compelled to appear in his behalf; and 
that he have the assistance of counsel in his defense. 
Under this amendment the vilest criminal is assured of 
an impartial trial and the assistance of able counsel to 
protect his legal rights. In accordance with this guar- 


128 


A STUDY OF CIVIL GOVERNMENT 


anty two of the ablest lawyers in New York were as¬ 
signed by the court to defend -the assassin Czolgoz. 

The Seventh Amendment provides that in suits at 
common law (which includes any right accruing to a 
person for which he might have recompense or redress), 
where the value in controversy exceeds $20, he may have 
a trial by a jury, and that where a fact once tried by a 
jury is to be re-examined the rules of the common law 
shall control. The common law is the law decided by 
the courts of England in the absence of statute from 
time immemorial. 

The Eighth Amendment prohibits excessive bail, ex¬ 
cessive fines and cruel and unusual punishment. What 
is excessive, cruel and unusual, is not defined. These 
penalties and punishments, therefore, unless provision 
is expressly made by act of congress (and even then it 
must not contravene the provision just mentioned) are 
left to the discretion of the judge, to be exercised accord¬ 
ing to the dictates of reason and humanity. This amend¬ 
ment was invoked in the recent case against the Stand¬ 
ard Oil company, where that corporation was fined $29,- 
000,000, on the ground that the fine was excessive. 

Amendments 9 , 10 , 13 , 14 , 15 . 

The Ninth and Tenth Amendments. — In order to 
make more clear the reservation of the people’s rights, 
it is provided in these two amendments that the enumera¬ 
tion of certain rights shall not be construed to deny to 
the people other rights retained by them; and that the 
powers not delegated to the national government by the 
constitution, nor prohibited by it to the states, are re¬ 
served to the states or to the people. To put it con¬ 
versely the people and the states have all rights and 
powers in addition to those enumerated in the constitu¬ 
tion which are not delegated to the United States or 
prohibited to the states. 

The Thirteenth Amendment abolishes slavery. 

The Fourteenth Amendment provides that all persons 
born or naturalized in the United States or subject to 



THE NATION 


129 


* 

the jurisdiction thereof are citizens of the United States 
and of the state wherein they reside. 

The Fifteenth Amendment provides that the right 
of citizens to vote shall not he denied or abridged on- 
account of race, color or previous condition of servitude. 
This amendment was designed to give full and complete 
citizenship and suffrage to slaves and grew out of the 
conditions attending the Civil War. It is further pro¬ 
vided that when the right to vote is denied or abridged 
the basis of representation in congress shall be reduced 
proportionately. This provision was intended to pre¬ 
vent discrimination against the negro voter. 

SUGGESTIVE QUESTIONS. 

1. What is said in the constitution about the rights of individuals? 

2. What provision is contained relative to the writ of habeas corpus? 

3. What is the writ of habeas corpus? 

4. What provision is contained relative to bills of attainder and ex post facto 

laws ? 

5. What is a bill of attainder? What is an ex post facto law? 

6. What provision is contained relative to trial by jury and qualification for 

office? 

7. What are the first eight amendments to the constitution commonly called? 

8. What is the rule of construction relative to the restrictions upon the powers 

of congress and of the states? 

9. What does the first amendment provide? 

10. What does the second amendment provide? 

11. What does the third amendment provide? 

12. What does the fourth amendment provide? 

13. What does the fifth amendment provide? 

14. What does the sixth amendment provide? 

15. What does the seventh amendment provide? 

16. What does the eighth amendment provide? 

17. What do the ninth and tenth amendments provide? 

18. What does the thirteenth amendment provide? 

19. What does the fourteenth amendment provide? 

20. What does the fifteenth amendment provide? 

Powers Prohibited to the States. 

As heretofore stated, the states and the people have 
all the powers not expressly or by necessary implication 
granted to the federal government, nor prohibited by 
the constitution to the states. The instances in which 
powers are expressly prohibited to the states are few, 
as follows: 

“No state shall enter into any treaty, alliance or confederation ; grant letters 
of marque and reprisal; coin money ; emit bills of credit; make anything but 
gold and silver coin a tender in payment of debts ; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of contracts, or grant any title 
of nobility. 

“No state shall, without the consent of the congress, lay any imposts or 
duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws ; and the net produce of all duties and imposts, 
laid by any state on imports or exports, shall be for the use of the treasury of 
the United States : and all such laws shall be subject to the revision and con¬ 
trol of the congress.” (Art. I, Sec. 10.) 


130 


A STUDY OF CIVIL GOVERNMENT 


No senator or representative may be elected an elector 
(Art. II, Sec. 1). 

Slavery is abolished (thirteenth amendment). 

No state shall make or enforce any law abridging the 
privileges or immunities of citizens of the United States, 
nor deprive any person of life, liberty or property with¬ 
out due process of law, nor deny to any person within 
its jurisdiction the equal protection of the laws (Amend. 
NIV, Sec. 1); nor shall any state, where a person held 
to service or labor in one state, escapes to another state, 
pass any law discharging such person (Art. IV, Sec. 2). 

No state shall assume to pay any debt incurred in 
aid of insurrection or rebellion against the United States, 
or any claim for the emancipation of any slave; but all 
such debts and claims shall be held illegal and void (14th 
Amend., Sec. 4). 

The right of a citizen of the United States to vote 
shall not be denied or abridged on account of race, color 
or previous condition of servitude (15th Amend., Sec. 1). 

SUGGESTIVE QUESTIONS. 

1. What is said about the power of a state relative to treaties, coining money, 

bills of credit, bills of attainder, ex post facto laws, title of nobility 

2. What is said about imposts and duties laid by states? 

3. May a senator or representative be an elector? 

4. What is said about slavery? 

5. What limitation is placed upon the states relative to 
(a) Citizens of the United States? 

(&) Life, liberty and property? 

(c) Equal protection of the laws? 

( d ) Debts incurred in insurrection? 

(e) Right to vote? 

Powers Prohibited to the United States. 

We have already enumerated the powers which are 
expressly given to congress. To make more clear, how¬ 
ever, the denial of powers to the national government, 
the latter is expressly prohibited in the following cases 
(Art. II, Sec. 9): 

The importation of slaves is prohibited after the year 
1808. 

The provisions relating to the writ of habeas corpus, 
ex post facto laws, and bills of attainder, have already 
been referred to in the chapter on bill of rights. 

No direct tax shall be laid except as provided in sec¬ 
tion 2 of Article I. 


THE NATION 


131 


No tax or duty shall be laid on articles exported from 
any state, and no preference shall be given to the ports 
of one state over another. 

Appropriation by congress must be specifically made 
for all money drawn from the treasury, and a statement 
of receipts and expenditures published from time to 
time. 

No title of nobility shall be granted. 

The United States shall not assume to pay any debt 
incurred in aid of insurrection or rebellion, or any claim 
for the emancipation of any slave; but all such debts and 
claims shall be held illegal and void (14th Amend., Sec. 
4). 

No religious test shall ever be required as a qualifi¬ 
cation to any office or public trust under the United 
States. 


SUGGESTIVE QUESTIONS. 

1. After what year was the importation of slaves prohibited? 

2. Under what circumstances may a direct tax be laid? 

3. What is said about articles exported from a state and the ports of the 

different states? 

4. How may money be drawn from the treasury? 

5. May the United States grant a title of nobility? 

6. What provision is made relative to emancipation of slaves and debts incurred 

in insurrection? 

7. What provision is made relative to religious test? 


Miscellaneous Provisions. 

Under this head it is intended to include all the pro¬ 
visions of the federal constitution not treated in other 
chapters. The following provisions are contained in 
Article IV: 

Each state shall give full faith and credit to the laws 
and proceedings of every other state. 

Citizens of each state are entitled to the privileges 
and immunities of citizens in the several states. 

The United States guarantees to every state a repub¬ 
lican form of government and shall protect each of them 
in case of invasion and on application of the legislature 
or governor of any state against domestic violence. 

The following provisions are contained in Article VI: 

AJ1 debts contracted prior to the adoption of the con¬ 
stitution are made valid. 


132 


A STUDY OF CIVIL GOVERNMENT 


The constitution and all laws and treaties made in 
pursuance thereof shall be the supreme law of the land, 
anything in the constitution or laws of any state to the 
contrary notwithstanding. 

All officers are required to take an oath to support 
the constitution. 

The ratification of nine states is declared to be suffi¬ 
cient for the establishment of the constitution in the 
states so ratifying the same (Art. VII). 

No state shall without its consent be deprived of its 
equal suffrage in the senate (Art. V). 

SUGGESTIVE QUESTIONS. 

3. What is the “full faith and credit’’ clause of the constitution? 

2. What are the privileges and immunities of citizens of the several states? 

3. What form of government is guaranteed to each state? 

4 . When may the United States interfere in the domestic affairs of a state? 

5. What is said about debts contracted prior to the adoption of the constitution? 

6. What is the supreme law of the land? 

7. What must all officers do before entering upon their duties? 

8. How many states were necessary to ratification of the constitution? 

9. Under what circumstances may a state be deprived of its representation in 

the senate? 


Amendment of the Constitution. 

The federal constitution may be amended in two 
ways; namely, by congress and by the people direct. It 
may be amended by congress upon vote of two-thirds of 
both houses, when ratified by the legislatures of three- 
fourths of the states, or by conventions in three-fourths 
thereof. It may also be amended upon application of the 
legislatures of two-thirds of the several states, in which 
event congress shall call a convention, the action of the 
convention to be ratified by the people as above provided 
(Art. V). 


SUGGESTIVE QUESTION. 

1. How may the constitution be amended? 

The Territories. 

We have three territories: Arizona, New Mexico and 
Alaska. The first two are organized territories and their 
government is similar to the old territorial government 
of Oklahoma. Alaska is an unorganized territory. It 
has no legislature. Congress enacts all laws and its 


THE NATION 


133 


administrative and judicial officers are a governor, sur¬ 
veyor-general, attorneys, judges and others, appointed 
by the president. The judges appoint commissioners, 
who act as justices of the peace, recorders, probate judges 
and perform additional duties. 

District of Columbia. 

The tract of land included in the District of Columbia 
was ceded to the United States by virtue of Article I, 
section 8, of the federal constitution. 

Congress exercises exclusive jurisdiction over the 
District of Columbia and legislates in all matters for it. 
From 1871 to 1874 the district was upon a territorial 
basis and had a governor.. Since the latter year it has 
been governed by commissioners appointed by the presi¬ 
dent. The president also appoints the judges of the 
supreme court and other judicial officers, while the com¬ 
missioners appoint the subordinate municipal officers. 

SUGGESTIVE QUESTIONS. 

1. What territories have we? 

2. What form of government has Arizona and New Mexico? 

3. What kind of government has Alaska? 

4. How did we come into possession of the District of Columbia? 

5. How is the District of Columbia governed? 


CHAPTER XVI. 


OUR INSULAR POSSESSIONS. 

Enlarge the place of thy tent, and let them stretch forth the curtains of 
thine habitations : spare' not, lengthen thy cords, and strengthen thy stakes.— 
Isaiah LIV, ii. 

No study of civil government in this country would 
be complete without a brief investigation of the systems 
of government in our insular possessions. As a result 
of the war with Spain we came into possession of the 
Philippines, Cuba, Porto Rico and Guam. These islands 
were ceded to us by the treaty of Paris Dec. 10, 1898. 
Hawaii was subsequently annexed. Cuba has since been 
given independence. Still more recently we have come 
into possession of what is known as the “Canal Zone,” 
and we are building the Panama Canal. Excepting Cuba 
(over which we exercise what might be termed a pro¬ 
tectorate), we maintain in each of these a different sys¬ 
tem of government, all under the supervision of the 
bureau of insular affairs in the war department at Wash¬ 
ington. We will examine them briefly: 

Hawaii. 

When Annexed .—Hawaii came into our possession 
by virtue of the joint resolution of congress of July 7, 
1898, and upon April 30, 1900, the constitution of the 
United States was extended over it and territorial gov¬ 
ernment provided. Upon the 12th of August the formal 
transfer took place and the American flag was raised 
over the government house. 

Departments of Government .—Hawaii has a legisla¬ 
ture consisting of a senate with fifteen members and 
liouse of representatives, with thirty members. The 
senators hold office four years and the members of the 
house are elected every general election. The executive 
officers are: a governor, secretary, attorney-general, 
treasurer, commissioner of public lands, commissioner of 


OUR INSULAR POSSESSIONS 


135 


agriculture and forestry, superintendent of public works, 
superintendent of public instruction, auditor, deputy aud¬ 
itor, surveyor and high sheriff. The governor and sec¬ 
retary are appointed by the president and the governor 
appoints the other officers, as well as a board of prison 
inspectors, board of registration and inspectors of elec¬ 
tion. The judicial department is vested in a chief justice 
and two associate justices and circuit judges who hold 
office for four years. The above officers must be citizens 
of Hawaii. There is also a United States district court 
and the president appoints a judge, attorney and mar¬ 
shal of said court. Hawaii has a delegate in congress. 

The Philippin es. 

Form of Government; When Established; Judiciary. 
—The present government of the Philippines was estab¬ 
lished by the order of April 7, 1900, creating the Phil¬ 
ippine commission and defining its powers; that of June 
11, 1900, creating a judiciary; that of June 21, 1901, cre¬ 
ating the offices of governor and vice-governor; the act 
of the Philippine commission of Sept. 6, 1901, organizing 
the departments of the interior, commerce and police, 
finances and justice, and public instruction; and the act 
of July 1, 1902, which continued the government there¬ 
tofore established. The judiciary consists of a supreme 
court, consisting of seven justices, four American and 
three native; and sixteen courts of first instance over 
which natives preside. The court proceedings are in 
either English or Spanish. There are also municipal 
courts. Manila has a government similar to that of the 
District of Columbia. Appeals may be taken in certain 
instances to the supreme court of the United States. 

Legislative and Executive Departments. —There is 
an assembly consisting of two chambers. The Philip¬ 
pine commission constitutes the upper chamber, while 
the lower house consists of from fifty to 100 delegates 
elected biennially by the people, each province being enti¬ 
tled to at least one member. The legislature meets annu¬ 
ally. The executive department is vested in a governor, 
vice- governor, the Philippine commission consisting of 



136 


A STUDY OF CIVIL GOVERNMENT 


eight members, of which three are natives, and other 
heads of departments. These officials, as well as the 
justices of the supreme court, are appointed by the presi¬ 
dent of the United States. The substance of the bill of 
rights of the federal constitution, with the exception of 
the right to maintain a militia and the right of trial by 
jury, are in force in the Philippines, and congress re¬ 
serves the right to annul any law passed by the legisla¬ 
ture. 

Annual Reports; Resident Commissioners. — The 
Philippine commission makes annual reports of receipts 
and expenditures to the secretary of war. Two resident 
commissioners to the United States are elected biennially. 

Porto Rico. 

/ 

Form of Government; Legislative and Executive De¬ 
partments. —After the cession of Porto Rico to the United 
States the island was governed chiefly by a military 
authority under the supervision of the president of the 
United States until May 1, 1900, at which time the system 
of government prepared by congress went into effect. 
This provides for a governor, secretary, treasurer, com¬ 
missioner of the interior, auditor, commissioner of edu¬ 
cation and attorney-general, to be appointed by the pres¬ 
ident. These officers, with the exception of the governor, 
together with five others appointed by the president, 
constitute the executive council or upper house of the 
legislature. Five members of the council must be na¬ 
tives. The lower house, consisting of thirty-five mem¬ 
bers, is called the house of delegates. They are elected 
by the people biennially. 

Judicial Department. — The judicial department is 
vested in a supreme court appointed by the president and 
district courts appointed by the governor. Other courts 
are chosen as directed by the legislative assembly. There 
is also a United States district court, with a judge, at¬ 
torney and marshal appointed by the president. There 
is an insular police force of 670 men. 

Resident Commissioner. —Porto Rico has a resident 
commissioner at Washington. 



OUR INSULAR POSSESSIONS 


137 


Samoan Islands. 

The United States owns only a part of the Samoan 
Islands; namely, the Tutuila and the Manua group. The 
American possessions are in charge of a naval governor. 

Guam. 

This island was captured by the United States crui¬ 
ser Charleston in 1898. It is under the command of a 
naval governor. 

“The Canal Zone.” 

By virtue of the treaty entered into between the 
United States and Panama Feb. 26, 1904, congress upon 
April 28, 1904, authorized the president to take posses¬ 
sion of the surveyed route of the canal to the distance 
of five miles on each side thereof, together with any 
islands necessary in the construction of the canal. The 
“Canal Zone” government is under the control of the 
Isthmian commission, a governor and other executive 
officers, appointed by the president. 


SUGGESTIVE QUESTIONS. 

1. What countries and district comprise our insular possessions? 

2. What islands were ceded to us by the treaty of Paris? 

3. What relation do we bear toward Cuba? 

4. What department has supervision over our insular possessions? 

5. When did we come into possession of Hawaii and when was it annexed? 

6. Describe the form of government in Hawaii. 

7. What officers are appointed by the president? 

8. Has Hawaii a representative in congress? 

9. When was the present government in the Philippines established? 

10. Describe the judicial system in the Philippines. 

11. Describe the legislative and executive departments in the Philippines. 

12. What portions of the federal constitution are in force in the Philippines? 

13. How are the Philippines represented in the United States? 

14. When was the system of government in Porto Rico inaugurated? 

15. What officers are appointed by the president? 

16. Describe the legislative system. 

17. Describe the judicial system. 

18. How is Porto Rico represented in the United States? 

19. What islands in the Samoan group do we own and how are they governed? 

20. When was Guam captured and how is it governed? 

21. What Is the “Canal Zone,” and how is it governed? 


ADDENDA 


. UNITED STATES OFFICIALS AND THEIR SALARIES. 


President .$50,000 

Vice-president . 12,000 


Cabinet Officials. 

Secretary of state, secretary of the treasury, secretary of war, attorney- 
general, postmaster-general, secretary of the navy, secretary of the 
Interior, secretary of agriculture, secretary of commerce and labor, 


each .$ 12,000 

Judiciary. 

Chief justice of the supreme court of the United States.$13,000 

Associate justices . 12,500 

Judges of the circuit court of the United States. 7.000 

Chief justice of the United States court of claims. 6,500 

Justices of the United States court of claims... 6,000 

Judges of the district courts of the United States. 6,000 

Congressional. 

Senators .$ 7,500 

Representatives . 7,500 

Speaker of the house. 12,000 


STATE OFFICIALS AND THEIR SALARIES. 


Governor .$4,500 

Lieutenant-governor . 1,000 

Secretary of state.-. 2,500 

Attorney-general . 4,000 

State treasurer. 3,000 

State auditor . 2,500 

State examiner and inspector. 3,000 

Chief mine inspector. 3,000 

Labor commissioner. 2,000 

Commissioner of charities and corrections. 1,500 

Corporation commissioners . 4,000 

Superintendent of public instruction. 2,500 

Insurance commissioner . 2,500 

Justice of the supreme court. 4,000 

Judges of the district court. 3,000 

Members board of agriculture.. 

Bank commissioner .. 

Clerk supreme court... 


Senators and representatives, $6 per diem for first sixty days and $2 per 
diem for their services thereafter. 

BUREAUS AND DIVISIONS OF EXECUTIVE DEPARTMENTS. 
Department of State. 

United States and Mexican water boundary commission. 

Department of the Treasury. 

Supervising Architect. 

Bureau of Engraving and Printing. 

Secret Service Division. 

Life-Saving Service. 

Comptroller of the Treasury. 

Register of the Treasury. 

Auditor for* the Treasury Department. 

Auditor for the War Department. 

Auditor for the Interior Department. 

Auditor for the Navy Department. 

Auditor for the State and other departments. 

Auditor for the Postoffice Department. 

Treasurer of the United States. 

National Bank Redemption Agency. 

Comptroller of the Currency. 






































ADDENDA 


139 


Commissioner of Internal Revenue. 

Director of the Mint. 

Bureau of Public Health and Marine Hospital Service. 
Revenue-Cutter Service. 

Custom House. 

Department of War. 

General Staff. 

Office of the Adjutant-General. 

Office of the Inspector-General. 

Office of the Judge-Advocate-General. 

Office of the Quartermaster-General. 

Depot Office. 

Office of the Commissary-General. 

Office of the Surgeon-General. 

Army Medical Mueseum and Library. 

Office of Attending Surgeon. 

Office of the Paymaster-General. 

Office of Post Paymaster. 

Office of the Chief of Engineers. 

Office of the Chief of Ordnance. 

Office of the Chief Signal Officer. 

Office of the Chief of Artillery. 

Bureau of Insular Affairs. 

Office of Public Buildings and Grounds and Washington Monument. 
Office of Washington Aqueduct. 

Board of Ordnance and Fortification. 

Department of Justice. 

Solicitor-General. 

Assistant to the Attorney-General. 

Assistant Attorneys-General. 

Assistant Attorney-General for Interior Department. 

Solicitor for the Department of State. 

Solicitor of the Department of Commerce and Labor. 

Solicitor of Internal Revenue. 

Assistant Attorneys. 

Special Attorneys. 

Special Assistant Attorneys. 

Law Clerk and Examiner of Titles. 

Superintendent of Prisons and Prisoners. 

Attorney in Charge of Pardons. 

Chief Examiner. 

Office of the Solicitor of the Treasury. 

Spanish Treaty Claims Commission. 

Postoffice Department. 

Office of the First Assistant Postmaster-General. 

Office of the Second Assistant Postmaster-General. 

Office of the Third Assistant Postmaster-General. 

Office of the Fourth Assistant Postmaster-General. 

Department of the Navy. 

Office of the Admiral of the Navy. 

Bureau of Yards and Docks. 

Bureau of Equipment. 

Hydrographic Office. 

Naval Observatory. 

Bureau of Navigation. 

Office of Naval Intelligence. 

Bureau of Ordnance. 

Bureau of Construction and Repair. 

Bureau of Steam Engineering. 

Bureau of Supplies and Accounts. 

Bureau of Medicine and Surgery. 

Office of the Judge-Advocate-General. 

Navy Yard and Station, Washington, D. C. 

Navy Pay Office. 

Naval Hospital. 

Naval Medical School. 

Naval Medical School Hospital. 

Naval Dispensary. 

General Board. 

Board of Inspection and Survey. 

Naval Examining Board. 

Naval Retiring Board. 

Board of Medical Examiners. 


140 


A STUDY OF CIVIL GOVERNMENT 


Headquarters Marine Corps. 

Marine Barracks. 

Department of the Interior. 

General Land Office. 

Patent Office. 

Bureau of Pensions. ! 

Pension Agency. 

Office of Indian Affairs. 

Bureau of Education. 

Office of the Geological Survey. 

Reclamation Service. < 

Department of Agriculture. 

Weather Bureau. 1 

Bureau of Animal Industry. 

Bureau of Plant Industry. 

Forest Service. 

Bureau of Chemistry. 

Bureau of Soils. 

Bureau of Statistics. ! 

Bureau of Entomology. 

Bureau of Biological Survey. 

Office of Experiment Stations. 

Division of Accounts and Disbursements. 

Division of Publications. 

Library. 

Office of Public Roads. 

Department of Commerce and Labor. 

Bureau of Corporations. 

Bureau of Manufactures. 

Bureau of Labor. 

Light-House Board. 

Bureau of the Census. 

Coast and Geodetic Survey. 

Bureau of Statistics. 

Steamboat Inspection Service. 

Bureau of Fisheries. 

Bureau of Navigation. 

Bureau of Immigration and Naturalization. 

Bureau of Standards. 

Independent and Miscellaneous. 

Smithsonian Institution : 

National Museum. 

Bureau of American Ethnology. 

International Exchanges. 

National Zoological Park. 

Astrophysical Observatory. 

Regional Bureau for the United States, International Catalogue ot 
Scientific Literature. 

International Bureau of the American Republics. 

Interstate Commerce Commission. 

Civil Service Commission. 

Government Printing Office. 

United States Geographic Board. 

National Botanic Garden. 

National Home for Disabled Volunteer Soldiers. 

Soldiers’ Home. 

Isthmian Canal Commission. 

Commission to the Philippine Islands. 

International Waterways Commission. 

American National Red Cross. 

Columbia Institution for the Deaf and Dumb. 

Government Hospital for the Insane. 

Howard University. 

Washington City Postoffice. 






I 


(Note .—The number of each question refers to the section number of tne 
constitution and enabling act.) 


ARTICLE I. 

Federal Relations. 

1. What does the preamble provide? 

2. What is the supreme law of the land? 

(See also section 495, “Resolution Adopting Constitution of the United 
States.”) 

3. What provision is made relative to religious sentiment? 

(This provision was adopted in conformity to section 3, subdivision tirst, 
of the enabling act. Section 506.) 

4. In whom is the title to unappropriated public lands? 

5. What provision is made relative to taxation of residents and non-residents? 
(This provision and the one preceding were adopted in conformity to 

section 3, subdivision third, of the enabling act. Section .508.) 

(a) Is property of the United States taxable? 

6. Who assumes the debts of the territory of Oklahoma? 

(This provision was adopted in conformity to section 3, subdivision fourtn, 
of the enabling act. Section 509.) 

7. What provision is made relative to public schools? 

(This provision was adopted in conformity to section 3, subdivision httn, 
of the enabling act. Section 510.) 

(a) The teaching of languages? 

(b) Separate schools? 

8. What restriction is placed on the state with reference to the right of 

suffrage? 

(This provision was adopted in conformity to section 3, subdivision sixtn, 
of the enabling act. Section 511.) 

9. What provision is made relative to the introduction and sale of liquor? 

(а) Wnat penaltv is provided? 

(б) How may sales of liquor be made legally? 

(c) What is the penalty for making a false affidavit? 

(d) What punishment is provided for a physician or other person connected 
with the agency? 

(This provision was adopted in conformity to section 3, subdivision second, 
of the enabling act. Section 507.) , 

ARTICLE II. 

Bill of Rights. 

j. 0. In whom is all political power inherent, and why is government Instituted? 

11. What are the inherent rights of persons? 

12. Describe the right of peaceable assembly and petition? 

13. May any power interfere with the exercise of the right of suffrage? 

14. What restriction is placed upon the appropriation of public money? 

15. Describe the right of remedy and redress. 

16. How may one be deprived of life, liberty or property? 

17. What offenses are bailable? 

(a) When may capital offenses be bailable? 

18. What provision is made relative to excessive bail, fines and punishments? 

19. What provision is made relative to habeas corpus? 

20. What is required of officers of the state? 

21. What restriction is placed upon the right to hold office? 

22. May a person be imprisoned for debt? 

23. Which power is subordinate: civil or military? 

(a) Under what circumstances may a soldier be quartered in a house? 

24. What provision is made relative to ex post facto law r s, bills of attainder 

and law r s impairing the obligation of contracts? 

25. Define treason. 

(a) How may one be convicted of treason? 

26. How r may a prosecution be instituted? 

(а) In courts of record? 

(б) Right to preliminary examination? 

(c) In courts not of record? 

27. How many persons compose a grand jury? 

(a) How may it be convened? 

(b) What are its powers? 

28. Of wffiat number does a jury consist in courts of record other than county 

courts ? 

(a) Of u’hat number in county courts and courts not of record? 

(b) What number may render a verdict in civil and misdemeanor cases? 

(c) Under what circumstances must a verdict be in writing? 

29. What rights have the accused in criminal prosecutions? 




II 


30. What is jeopardy? 

31. Describe the right of free speech. 

32. May private property be taken for private use? 

(a) Under what circumstances may it be taken? 

(See also in this connection section 322—article XVI, section 3—providing 
for a system of levees, drains and ditches, and irrigation.) 

33. May private property be taken for public use? 

(a) Under what circumstances may it be taken? 

34. When may a party have a jury trial in contempt cases? 

(a) Must he be given an opportunity to be heard? 

35. Describe the right to bear arms. 

36. May a persoxi be compelled to give evidence against himself? 

37. What provision is made relative to the inspection of records of corporations? 
(See also sections 223-241.) 

38. May a person be transported out of the state without his consent? 

39. Under what circumstances may one’s home be searched? 

40. What business may the state engage in? 

41. What is said about perpetuities and monopolies? 

42. What provision is contained relative to the enumeration of rights? 

ARTICLE III. 

Suffrage. 

43. Who are qualified electors? 

(a) Who may not vote? 

44. What is said about the right of members of the army or navy to vote? 

45. At what elections may female citizens vote? 

(For the further rights of females specifically provided in the constitution, 
see section 455.) 

46. What is said about election of United States senators by the people? 

47. What is said about a mandatory primary? 

48. How do the people vote? 

49. What limitations are placed upon the civil and military power relative to 

the right of suffrage? 

ARTICLE IV- 
Distribution of Powers. 

50. Into what departments is the state divided? 

ARTICLE V. 

Legislative Department. 

51. In what is the legislature authority of the state vested? 

(a) What rights are reserved to the people under this section? 

52. What is the first power reserved to the people? 

(a) How may this right be exercised? 

( b) What is the second power reserved to the people? 

(c) How may this right be exercised? 

53. When and how shall referendum petitions be filed? 

(o) To what does the veto power of the governor not extend? 

( b ) When are elections to be held under this section? 

(c) When do measures passed upon by the initiative and referendum take 

effect ? 

54. What shall the style of all bills be? 

55. How are petitions for the initiative and referendum to be filed? 

56. May the referendum be demanded against one or more items, and if so, how? 

57. How are the powers of the initiative and referendum further reserved? 

58. How is the exercise of the powers of the initiative and referendum pre¬ 

scribed ? 

59. How many petitions are required for the initiative and referendum in 

counties and districts? 

60. After a measure is rejected by the people, how and when may it be again 

proposed ? 

61. Describe the power of the legislature relative to the initiative and refer¬ 

endum. 

62. How is corruption in the initiative and referendum to be prevented? 

63. Of what number does the senate consist? 

(a) What is the term of office of senators? 

64. Into how many senatorial districts shall the state be divided after 1910? 

65. What are the limitations in the making of senatorial districts? 

66. Of what number does the house consist? 

(a) What is the term of office of members? 

67. When shall the first legislature meet? 

68. When shall the legislative apportionment be made? 

69. How shall the representation in the house be ascertained? 


Ill 


75. How shall the legislative apportionment be made? 

76. How may the legislative apportionment be reviewed? 

77. Into how many senatorial districts is the state divided? 

(This number shall be changed, however, after 1910. See section 64.) 

79. What counties elect two representatives? 

80. How many representatives does Garfield county elect? 

(o) How many representatives does Greer county elect? 

82. How many representatives does Lincoln county elect? 

83. What counties elect three representatives? 

84. How many representatives has Oklahoma county? 

85. What pairs of counties elect an additional representative? 

86. What trio of counties elect one representative? 

87. What are the qualifications of senators and representatives? 

88. Who are ineligible to serve as members of the legislature? 

89. Under what circumstances may a member be ineligible? 

(a) If one is punished for contempt or disorderly conduct before the legis¬ 

lature, may he be reindicted for the same offense? 

90. How are vacancies in the legislature filled? 

91. What is the compensation of members of the legislature? 

(<(■) May they receive any other compensation? 

(b) Under what circumstances do members receive two dollars per day? 

92. Are members of the legislature privileged from arrest? 

(a) If they are, under what circumstances? 

( b ) What are the limitations of members in the matter of speech? 

93. What are the disqualifications of members to hold any other office? 

(a.) What provision is made relative to the interest of members in contracts? 

94. What is said about members voting on bills in which they are interested? 

95. What is the length of the first session of the legislature? 

96. When shall the legislature meet? 

97. What provision is made relative to regular and special sessions? 

98. How is the senate organized at the beginning of each session? 

(a) What provision is made for standing committees of the senate? 

99. How is the house organized at the beginning of each session? 

100. Who is judge of election returns and qualifications of members? 

(a) How many members constitute a quorum? 

(5) How may the attendance of absent members be secured? 

101. What is said about rules and punishment of members? 

102. How are the proceedings of each house kept? 

(a) Under what circumstances shall the yeas and nays be entered? 

103. What limitation is placed upon adjournment? 

104. In all elections by the legislature, how shall the vote be taken? 

(a) What exception is contained in this provision? 

105. Under what conditions may a special or local law be passed? 

106. In what house must revenue bills originate? 

(a) How may amendments be proposed? 

(6) When may they not be passed? 

107. How many times shall bills be read? 

(a) When must bills be read at length? 

(b) How many members must vote upon passage of bills? 

(c) When shall the question upon final passage be taken? 

(d) Must the yeas and nays be entered on final passage? 

108. What special duty is imposed upon the presiding officer of each house? 

(a) May the reading at length of bills be dispensed with? If so. how? 

109. To what subjects shall the authority of the legislature extend? 

(a) What is said about specific grants of authority in the constitution? 

110. What is provided relative to a state printing plant? 

111. What is said about a state geological and economic survey? 

112. What additional boards may be created by the legislature? 

(a) What provision is made relative to physicians, dentists and pharma- 
cists? 

(See also section 463 relative to dentists.) 

113. What provision is made for the state militia? 

114. What provision is made relative to firemen? 

115. What provision is made relative to contempt before the legislature? 

116. What provision is made.relative to the revision of the statutes? 

117. What power is conferred upon the legislature relative to monopolies? 

118. What power is conferred relative to enforcing the constitution? 

119. Enumerate the limitations upon the power of the legislature to pass loca' 

or special laws. 

(a) How many limitations are there under this section? 

120. What limitation upon the power of the legislature is made relative to 

retiring officers? . 

121 What provision is made relative to a bureau of immigration? 

122 What provision is made relative to employes of the legislature? 


IV 


123. What is said about exempting property from taxation? 

124. May the legislature grant exclusive rights or privileges? 

125. What provision is made relative to reviving or taking away rights or 

rouiGdiGS ? 

126. What limitation is there relative to indebtedness owing to state or county? 

127. What is the effect of the repeal of a statute? 

128. Under what conditions may money be paid out of the state treasury? 

(a) When must such payments be made ? 

V, .(b) What must the appropriation bill specify? 

129.. What shall the general appropriation bill embrace? 

1 (jx) May the salary of an officer or employe be provided for in such bill? 

If so, under what circumstances? 

. (6) How must other appropriations be made? 

130. P'ow many subjects may an act embrace? 

(a) Are there exceptions to this provision? If so, what are they? 

(b) How may laws be revived or amended? 

(p,) To what extent is an act void under this section? 

131. When do acts take effect? 

(a) What exceptions are made in this section? 

(&)• How may emergency measures be passed, and what shall they include? 

(c) May emergency measures be vetoed, and if they are, what action may 

be taken thereon? 

132. What operation have general laws? 

133. What provision is made relative to a system of checks and balances? 

ARTICLE VI. 

Executive Department. 

134. What officers constitute the executive authority of the state? 

(a) Where shall they keep their office, and what duties do they perform? 

135. Who is the supreme executive power and what is his title? 

137. What are the qualifications of the state executive officials? 

(a) What officers are not eligible immediately to succeed themselves? 

(b) When does the term of office begin and expire under this section? 

138. How are the returns of state elections canvassed? 

(a) W T hat provision is made where two or more persons have an equal 
number of votes? 

139. Who is the commander-in-chief of the militia, and when may he call out 

the same? 

140. What is the power of the governor relative to special sessions of the legis¬ 

lature? 

(a) What subjects may be acted on at special sessions? 

141. Whose duty is it to cause all laws to be executed? 

(a) How is the business of the state with other states and with the 
United States conducted? 

142. What is the governor’s duty upon organization of the legislature? 

143. What powers relating to pardon has the governor? 

144. How may a bill become a law? 

(a) May bills be vetoed, and if so, how? 

(b) May bills be passed over the governor’s veto, and if so, how? 

(See in connection with this provision section 53 relative to the veto 
power of the governor upon questions voted on by the people.) 

(c) How may bills become laws after final adjournment? 

145. What is the power of the governor relative to appropriation bills? 

146. What is the power of the governor relative to the appointment of officers 

not otherwise commissioned? 

(a) How are vacancies in office to be filled? 

147. What is the power of the governor when the two houses disagree as to 

adjournment? 

(a) Under what circumstances may the legislature be adjourned to another 
place? 

148. What are the qualifications and duty of the lieutenant-governor? 

(a) Under what circumstances may the president pro tern, of the senate 

become governor ? 

(b) Under what circumstances may the speaker become governor? 

149. Under what circumstances may the lieutenant-governor become governor? 

150. What are the duties of the secretary of state? 

151. Who is the custodian of the state seal? 

(a) How are the final acts of the governor authenticated? 

(b) What exception is contained in this section? 

(c) What is the seal of the state called? 

152. What are the qualifications and duties of state examiner and inspector? 

153. What are the qualifications and duties of commissioner of labor? 

154. What provision is made relative to a board of arbitration? 


V 


155, 156. lo7. What are the duties, term and qualifications of insurance com¬ 
missioner? 

i-o' n'|? a ! are duties, term and qualifications of chief mine inspector? 
ica v»-v? a : P rovi ?i° n is made relative to mining districts and assistant inspectors? 
loU. What are the qualifications and term of commissioner of charities and cor¬ 
rections? 

la.l" n ? a ^ additional powers has the commissioner of charities and corrections? 
tao' «-v! en does the commissioner of charities and corrections make report? 

What power is conferred upon the legislature relative to said commissioner? 
io4. Or what number does the board of agriculture consist, and what are its 
duties and jurisdiction? 

165. What officers constitute the commissioners of the land office? and what is 

the jurisdiction of said commissioners? 

166. How often do state officers make report, and to whom? 

(®) What is said about a state officer making a false report? 

167. What is provided relative to the compensation of officers in this article 

named? 

(«) What is provided relative to fees and perquisites? 

(See in this connection sections 464, 465, 466, providing for compensation 
of state officials.) 

168. Describe the great seal of the state of Oklahoma. 

ARTICLE VII. 

Jud’cial Departmen t. 

169. In what courts is the judicial power of the state vested? 

170. What is the jurisdiction of the supreme court? 

171. Of how many justices does the supreme court consist? 

(a) How are the justices nominated and elected? 

( b ) What number constitutes a quorum and how many may decide a 
question? 

(c) What are the qualifications of members of the court? 

172. What is the term of office of supreme justices? 

173. When does their term commence? 

174. Where shall sessions of the supreme court be held, and when shall opinions 

be rendered? 

175. What provision is made for the organization of the supreme court at its 

first session? 

(a) After the first election how are justices of the supreme court elected? 

176. What are the qualifications, term and duty of clerk of the supreme court? 

177. What is the jurisdiction of supreme court under the constitution? 

178. Into how many judicial districts is the state divided? 

(a) What are the qualifications and term of office of a district judge? 

(b) When shall terms of the district court be held? 

179. Under what circumstances may a temporary judge be selected? 

(a) What provision is made for an additional district judge in a district? 

180. What is the jurisdiction of the district court? 

181. What court is established in each county? 

(a) What is the term of the county judge and what are his qualifications? 

182. What is the original jurisdiction of the county court? 

183. What is the appellate jurisdiction of the county court? 

(a) What is the jurisdiction of the county court over misdemeanors? 

(b) In the absence of the district judge what is the power of the county 

court? 

184. When the county judge is disqualified how may a temporary judge be 

selected ? 

185. What is the probate jurisdiction of the county court? 

(a) Where shall the county court be held? 

186. What is the jurisdiction of the county court on appeal from justices? 

187. In what cases, and how, are appeals taken from tne county court to the 

supreme court? 

188. How are appeals in probate matters taken from the county court? 

189. What additional criminal jurisdiction have county courts? 

190. What is the jurisdiction of justice of the peace? 

(a) Have justices of the peace jurisdiction in libel and slander cases? 

(b) How are appeals taken from justices of the peace? 

(c) How many justices of the peace in towns of over 2,500 inhabitants? 

191. Who are conservators of the peace throughout the state? (See also section 

141.) 

192. What is the style of all writs and process? 

(a) How shall prosecutions be carried on? 

(b) How shall indictments, informations and complaints conclude? 

193. When may a trial by jury be waived? 

194. What verdict shall be returned by a jury and what exception is made? 


VI 


195. Into how many supreme court districts is the state divided? (See also 

section 171.) 

(a.) Into how many district court districts is the state divided, and how 
numbered? 

196. Describe the supreme court judicial districts. 

197. Describe the district court judicial districts. 

198. Where shall the district court be held? 

ARTICLE VIII. 

Impeachment and Removal From Office. 

199. What officers are subject to impeachment? how and when may they be 

impeached? 

200. What other officers may be removed, and how? 

201. Who shall preside when the senate sits as a court of impeachment? 

(a) How shall impeachments be presented? 

202. How may a person be impeached by the senate? 

203. How far may judgment by impeachment extend? 

204. What additional power relative to impeachments is conferred upon the 

legislature? 


ARTICLE IX. 

Corporations. 

205. 228. Define “corporation.” “company,” “charter,” “license.” 

206. Define the right of public-service corporations to construct and operate 

lines. 

207. What is the duty of companies relative to transporting cars and passengers? 

208. How are oil pipe companies controlled and regulated? 

209. What is the duty of telephone and telegraph lines relative to the transmis¬ 

sion of messages? 

210. What are railroads? 

(a) Where shall public-service corporations maintain a public office? 

(&) What shall be kept in said public office? 

(c) How often shall meetings be held in the state? 

id) How often and in what manner shall corporations make reports? 

211. What is the rolling stock considered for purposes of execution and sale? 

212. What is said about consolidating with competing lines? 

213. What is provided relative to consolidation of corporations? 

214. Is the consent of local authorities necessary in building a street railroad? 

215. How may public-service corporations have the benefit of future legislation? 

216. What is provided relative to transporting articles manufactured by a 

corporation? 

217. What is provided relative to free transportation? 

218. What is said about railroads passing through county seats? 

219. What body is created by this article, and what are the terms of members? 
(a) How are vacancies filled? 

220. What are the qualifications of members of corporation commission? 

221. What is the oath of corporation commissioners? 

222. What is the power of the commission relative to rates? 

223. What is the power of the commission relative to books and papers? 

(This right of inspection of the records of corporations is further reserved 

in the bill of rights, section 37, and in section 241.) 

(a) What is the power of the commission with respect to discrimination 
and extortion? 

224. What notice is required before the commission can make an order? 

(a) What additional notice is required before an order can be effective? 

225. What is said about the authority of the commission? 

(a) What power is conferred upon municipalities relative to franchises 
under this section? 

226. Under what circumstances may controversies be arbitrated? 

227. How shall the commission organize? 

(a) How many constitute a quorum and what number may render a 
decision ? 

229. What powers has the commission under this section? 

(a) What additional powers may be conferred by law upon the commission? 

230. What is the penalty for disobedience of an order of the commission, and 

when may it be inflicted? 

231. May appeals be taken from the commission? 

(а) If so, how may they be taken and to what court? 

(б) May the action of the commission be controlled by any court? 

232. Upon appeal, how may the judgment of the commission be superseded? 

(a) What are corporations required to do pending appeal? 

233. What is the status of appeals from the commission? 

234. Upon what evidence is the case heard on appeal ? 


VII 


(a) What certificate and additional statements does the commission file on 
appeal ? 

235. What may the supreme court consider on appeal from the commission? 

236. What judgment may the supreme court enter on appeal ? 

237. Does the order of the commission take away the jurisdiction of the courts? 

238. How often shall the commission make reports? 

239. What is the duty of railroads relative to depots? 

240. What provision is made relative to railroad crossings? 

241. What provision is made relative to inspection of records of corporations? 
(See also sections 37 and 223.) 

242. What is the duty of the commission under this section? 

243. What is provided relative to charges by transportation companies? 

244. When may a public-service corporation have the right of eminent domain? 

245. What is the duty of the commission relative to interstate commerce? 

246. What is the duty of railroads relative to building switches? 

247. What is the definition of “transportation company”? 

(а) Of “rate,” “charge” and “regulation”? 

(б) Of “transmission company”? 

( c) Of “freight”? 

(d) Of “pubic-service corporation”? 

(ej Of “person”? 

(f) Of “bond”? 

( g ) Of “frank”? 

248. How shall Article IX be interpreted? 

249. What sections of the corporation article may be repealed, and at what time? 

250. What is the fellow-servant doctrine, enunciated by this section? 

251. What Is the passenger fare provided for in this section? 

252. How 7 may private corporations be created and licensed? 

253. Under what circumstances may a private corporation issue stock? 

254. What is said about corporations contributing to elections? 

255. What is said about corporations owning or controlling stock of other 

corporations ? 

256. Where a corporation acquires stock in another corporation, when must it 

be disposed of? 

(a) What is said about banks and trust companies in this section? 

257. What provision is made relative to arbitration in this section? 

258. What is a prerequisite to a foreign corporation doing business in this state? 

259. What restrictions are placed upon foreign corporations? 

260. What is said in this section about monopolies and discrimination? 

261. Under what circumstances are existing charters declared invalid? 

262. What power is conferred upon the legislature with respect to existing cor¬ 

porations? 

263. How are penalties and regulations under this article provided? 


ARTICLE X. 
Revenue and Taxation. 


264. When does the fiscal year commence? 

265. How is the annual tax provided, and what is it intended to defray ? 

266. What provision is made for deficiency in any year? 

267. How shall the state debt be paid? 

268. What is said about the power of taxation and the uniformity of taxes? 

269. What property is exempt from taxation? 

(a) What provision is made relative to ex-union and ex-confederate 
soldiers? 

270. What is said about exemption of orphan homes? 

271. What provision is made relative to taxation of manufacturing establish¬ 

ments ? 

272. How may assessments be made for local improvements? 

273. How shall all property be assessed for taxation? 

(a) What is the penalty if an officer wilfully fails to assess properly? 

274. What is the maximum tax for all purposes in one year? 

275. How is this tax divided? ^ 

276. For what purposes and to what extent may the rate of taxation be 

inci*0cis6cl ^ 

277. What is provided relative to an officer receiving perquisites? 

278. What is provided relative to special taxes? 

279. What is said about the selection of subjects of taxation? 

280. How shall taxes be levied? 

(a) What exceptions are made in this regard? 

(b) What is section 31 of the bill of rights? 

(c) What is the provision of the enabling act referred to. (See section 


509.) 

281. What provision is made relative to the credit of the state? 


VIII 


2i>2. What shall ia*vs authorising the borrowing of money specify : 

(a) For what purpose may the money be used? 

283. What is said about a city or county becoming a stockholder in a cor¬ 

poration? 

284. What provision is made relative to poll tax? 

285. What must every tax law specify? 

286. How may local taxes be assessed and collected, and what limitation is 

placed upon the legislature? 

287. What is the state board of equalization and what are its duties? 

288. What is provided relative to classification of property for taxation? 

289. For what purposes may the state contract debts and what limitation is 

there ? 

290. For what additional purpose and under what circumstances may the state 

contract debts? 

291. Except the purposes mentioned in the last two sections, under what cir¬ 

cumstances may additional debts be contracted by the state? 

292. What limitation is placed upon cities, counties, etc., relative to incurring 

debts? 

(a) Under what circumstances may the debts mentioned in this section be 
incurred ? 

293. Under what circumstances may a city or town acquire public utilities? 

294. For what purposes shall an additional revenue be levied, and how shall the 

fund created be used? 

295. How may a bond or other evidence of indebtedness be validated? 

296. How shall money collected by state or county be accounted for? 

ARTICLE XI. 

State and School Lands. 

297. What pledge is made by the state relative to lands and donations granted 

to the state? 

298. Of what shall the permanent school fund consist? 

(a) What limitations are placed upon the state in regard to this fund? 

299. What revenues are applied each year for the use and benefit of the com- * 

mon schools? 

(a) How shall this revenue be apportioned? 

300. What public lands may be sold by the state, and under what conditions 

may they be sold? 

(For the limitations and regulations prescribed by the enabling act, see 
sections 521 and 523-529, Inclusive.) 

301. For what purposes and under what restrictions shall section 13 be used? 

302. How shall the permanent common school and other educational funds 

be invested? 

303. What is the power of the legislature in connection with the foregoing 

section ? 

ARTICLE XII. 

Homestead and Exemptions. 

304. Of what shall the homestead of a family in the country consist? 

(a) Of what shall the homestead in a city, town or village consist? 

(b) What valuation is placed upon it? 

(c) What proviso is made for Indians? 

( d) What is said about the renting of the homestead? 

305. What is provided relative to a forced sale of the homestead? 

(See also section 306.) 

(a) What restriction is placed upon the owner if married? 

(b) Under what conditions may the homestead be mortgaged and sold? 

306. What statutes shall be inoperative after the adoption of the constitution? 

(a) Under what circumstances is property not exempt? 

(b) What is said about mortgaging personal exemptions? 

307. What power is conferred upon tne legislature relative to article XII? 

ARTICLE XIII. 

Education. 

308. What provision is made relative to a system of public schools? 

(See also section 7. This section and section 308 were adopted in con¬ 
formity to section 510.) 

309. W’hat provision is made for the deaf, dumb and blind? 

310. What provision is made for separate schools? 

(®) Define “colored children,’’ “white children.” (See also In this connec¬ 
tion section 445.) 

311. What provision is made for attendance at school? 



IX 


312. What body is created to supervise instruction in the public schools? 

(a) What officers constitute the board of education? 

(b) Who is president of the board? 

313. What provision is made relative to text-books? 

314. What is said about agriculture, horticulture, stock feeding and domestic 

science? (In this connection see sections 40 and 322.) 

ARTICLE XIV. ' 

Banka and Banking. 

315. What department is created by this article, and what officer is at the head 

How is this officer appointed, for what terra and what are his powers? 
31b. What is the legal rate of interest? 

317. What is the penalty for receiving excessive interest? 

(a) What power has the legislature with respect to this section? 

ARTICLE XV. 

Oath of Office. 

319. Repeat the oath of office. 

(а) Who shall administer said oath? 

(б) Where shall the oath of state officers and judges of the supreme court 

be filed? 

(c) Where shall the oath of other judicial and county officers be filed? 

(d) What is the penalty for refusing to take the oath, and for swearing 

falsely ? 

(e) Where and how shall the oath of members of the senate and house be 

administered? 

ARTICLE XVI. 

Public Roads, Highways and Internal Improvements. 

320. What department is created under this section, and how is it created? 

(a) What additional power is conferred upon the legislature under this 
section ? 

(See section 436. which prohibits the contracting of convict labor.) 

ARTICLE XVII. 

Counties. 

323. What is each county in the state designated? 

324. What offices are created in each county? 

325. What provision is made for the infirm and unfortunate in each county? 

326. How may new counties be created? what limitation is there with respect to 

voters, area, population, taxable wealth and distance from nearest 
county seat? 

327. Under, what circumstances may a county become unorganized? 

(a) In such case, how’ many terms of the county court shall be held, and 
what provision is made for a clerk? , 

328. How long are the towns named in the constitution to remain county seats? 

329. How many petitioners must sign a petition for change of county seat? 

(a) What time must elapse before said petitions can be filed? 

330. What towns may be placed upon the ticket? 

332. Who declares the result of the vote? 

333. What percentage must vote for a change where the county seat is within 

six miles of the geographical center of the county? 

(a) After the year 1909 what percentage must vote for a change? 

( b ) How often may such elections be held? 

(c) Under what circumstances may public money be expended prior to 1909? 

334. What is the penalty for corruption in county-seat election? 

335-405. Name the counties and county seats of the state. 

ARTICLE XVIII. 

Municipal Corporations. 

411. What power is conferred upon the legislature by this section? 

412. What is said about rights and powers of municipalities? 

413. What population is required for a city to frame its own charter? 

(a) How may a city frame its own charter? 

(b) What is the duty of the board of freeholders? 

(c) Shall the charter be published? 

(d) When and for what purpose shall it be submitted to the voters? 

(e) What is the status of the charter when approved by the voters? 

(f) What is then done with the charter? 

(g) How may said charter be amended? 

(In this connection see section 419.) 


X 


414. When and how may an election of said board of freeholders be called? 

(a) At said election what question shall be voted upon? 

415. What provision is made relative to initiative and referendum? 

416. What number is required to sign the petition for initiative and referendum? 

417. How may an ordinance be initiated? 

418. How may an ordinance be referended? 

419. How may the charter be amended? (In this connection see section 414.) 

420. How may a franchise be granted, extended or renewed? 

421. What is the procedure for granting, extending or renewing a franchise? 

422. What provision is made relative to a municipality engaging in business? 

423. What is said of the reservation of control by the state over public highways? 
(a) What provision is made relative to charges for public services? 

(ft) What provision is made relative to exclusive franchises? 

ARTICLE XIX. 

Insurance. 

424. Under what circumstances may a foreign insurance company engage in 

business? 

425. What is said of the payment of fees by foreign insurance companies? 

427. What tax shall foreign insurance and bond companies pay? 

428. What classes of insurance companies are exempt from the revenue and tax 

provisions ? 

429. To whom and how often shall the insurance commissioner pay the fees 

collected? 

ARTICLE XX. 

Manufacture and Commerce. 

430. Under what circumstances may denaturized alcohol be sold? 

431. What is the flash and specific-gravity test required? 

ARTICLE XXI. 

Public Institutions. 

432. What provision is made relative to public institutions ? 

(See also in this connection article XIII.) 

ARTICLE XXII. 

Alien and Corporate Ownership of Lands. 

433. What are the restrictions upon alien ownership of land? 

(a) What exceptions are made in this section? 

434. What are the restrictions upon corporate ownership of land? 

(a) What are the three provisos contained in this section? 

ARTICLE XXIII. 

Miscellaneous. 

435. In what cases shall eight hours constitute a day’s work? 

436. What provision is made relative to convict labor? 

(See in this connection section 320, which provides for building and main¬ 
taining public roads and the utilization of convict labor thereon.) 

437. What provision is made relative to the employment of child labor? 

438. What provision is made with respect to the employment of women and 

girls underground? 

(a) How many hours constitute a day’s work underground? 

439. What is the power of the legislature in regard to health and safety of 

employes ? 

440. What provision is made relative to contributory negligence? 

441. What provision is made relative to personal injuries? 

442. What provision is made in regard to waiver of rights guaranteed by the 

constitution? 

443. What contracts are declared void by this section? 

444. Under what circumstances may the salary and term of office of a public 

official be changed? 

445. Define the races. (See in this connection section 310.) 

ARTICLE XXIV. 

Constitutional Amendments. 

446. How may the constitution be amended? give the procedure governing the 

election. 

447. What provision is made relative to a new convention? 

(a) What is the proviso contained in this section? 

448. W T hat provision is made relative to amendment by initiative petition? 


XI 


SCHEDULE. 

449. What is the object and purpose of the schedule? 

4;>0. What provision is made relative to existing rights, process, etc., at the time 
of the admission of the state? 

451. \\ hat provision is made relative to laws of the territory of Oklahoma? 

(This provision is a re-enactment of the provisions of the enabling act, 
sections 530 and 538.) 6 

4;>2. W hat provision is made relative to debts accruing to the territorv of 
Oklahoma? J 

453. When shall the constitution take effect? 

454. What provision is made relative to notaries public prior to statehood? 

455. What offices may female persons hold under the constitution? 

(See in this connection section 45, permitting female citizens to vote at 
school-district elections and meetings.) 

456. What became of the property of the territory of Oklahoma under statehood? 

457. What provision is made relative to judgments and records in the Indian 

Territory and Osage Indian reservation? 

458. What is said about judgments and records in new counties ? 

459. What provision is made relative to cities and towns in existence prior to 

statehood ? 

(a) What provision is made relative to ordinances? 

460. What provision is made relative to taxes for the year 1907? 

461. What provision is made relative to public improvements in towns in Indian 

Territory prior to statehood; 

462. Give the title, and dates of approval, of the acts adopted by this section. 
(a) What additional duties are conferred upon the chief mine inspector by 

this section? 

463. What provision is made relative to dental surgeons practicing before 

statehood ? 

(See also section 112. which authorizes physicians, dentists and pharma¬ 
cists to register without examination or cost.) 

464. What is the salary of the governor? 

( а ) Of the lieutenant-governor? 

(б) Of the secretary of state? 

(c) Of the attorney-general? 

( d ) Of the state treasurer? 

(e) Of the state auditor? 

if) Of the state examiner and inspector? 

(g) Of the chief mine inspector? > 

( h ) Of the labor commissioner? 

(i) Of the commissioner of charities and corrections? 

(/) Of the corporation commissioners? 

(fc) Of the superintendent of public instruction? 

( l ) Of the insurance commissioner? 

465. What is the salary of the supreme judges? 

(a) What is the salary of district judges? 

466. How is the salary of the officers not enumerated in the two preceding 

sections provided ? 

467. What provision is made relative to county and township officers? 

(а) When does the term of the county and township officers first elected 

expire? 

(б) What salary do county judges and attorneys receive? 

468. What provision is made relative to boards of regents of state institutions 

at the incoming of statehood? 

469. What provision is made concerning property, assets and liabilities of 

divided counties? 

470. What provision is made concerning the property of Day county? 

471. What provision is made relative to the seal of the courts? 

(a) What provision is made relative to the seals of county officers? 

472. To what courts are the records of probate courts transferred? 

(a) What provision is made for the transfer of matters appertaining to 
estates in the Indian Territory? 

473. What provision is made relative to the seal of county courts immediately 

after statehood? 

474. Do the provisions of the constitution relating to limitation of indebtedness, 

apply to debts of cities, counties, etc., incurred prior to statehood? 

475. What provision is contained relative to the transfer of cases pending in 

the supreme court of Oklahoma and the United States court of appeals 
for the Indian Territory? 

(This section is in conformity w r ith the provisions of sections 534, 535, 543 ; 
enabling act. sections 17, 18. and amendments thereto, section 2.) 

476. What provision is made for the transfer of cases pending in the district 

courts of Oklahoma and the United States courts of Indian Territory? 
(This section is in conformity with the provisions of sections 536, 537, 




XII 


17 1908 


i 

l 


i 


544, being enabling act, sections 19, 20, and amendments thereto, sec¬ 
tion 3,) 

177. What provision is made in the constitution relative to the amendments to 

the enabling act? 

(The act referred to contains the amendments to the enabling act, sections 
540-545, inclusive.) 

178. What provision is contained relative to the qualifications for district judge 

at the first election? V 

179. What are the qualifications for state office at the first election? 

180. What provision is contained relative to the taxes of Osage county for 1907? 

181. What procedure shall be had where a school district has been divided by 

reason of statehood? 

182. What provision is contained relative to attorneys-at-law prior to statehood? 

183. What provision is contained relative to newspapers published at the time 

of the admission of the state? 

184. How is the indebtedness authorized by the constitutional convention to be 

paid ? 

(a) What is the proviso contained in this section? 

185. What ordinance and article are ratified by this section? 

(The ordinance ratified by this section is the election ordinance, which 
provides for the appointment of a county clerk and county commis¬ 
sioners in each new county, and for the holding of the election to 
ratify or reject the constitution, and the proposed prohibition article. 

This ordinance was passed pursuant to the powers conferred upon the 
constitutional convention by virtue of sections 3 and 21 of the enabling 
act, sections 505 and 538. The prohibition article may be found at 
section 499.) 

186. What provision is contained relative to invalid indebtedness in cities, etc., 

prior to statehood? 

187. What jurisdiction where counties are divided is conferred upon the supreme 

court? 

(The power, expressly conferred upon the legislature to provide for the 
equitable division of the property, assets and liabilities of counties, is 
found in section 469.) 

t88. Did the laws of Oklahoma relative to qualifications of officers apply to 
county superintendents elected at the first election under the consti¬ 
tution? 

t89. When did the terms of officers elected at the first election commence? 

190. What provision was made for the qualification of the first officers elected? 

191. What provision was made for the bonds of the first oL.eers elected? 

192. What provision is made relative to filing the original constitution? 

193. When was the constitution adopted by the convention? 

194. When the constitution filed with the secretary of the territory of Oklahoma? 

195. Why did the convention adopt the constitution of the United States? 

197. Why did the convention accept the terms of the enabling act? 

(See in this connection section 539.) 

199. Give a brief outline of the provisions of the prohibition article. 

ENABLING ACT. 

501. What is the enabling act? 

504. How was the election of delegates to the constitutional convention held? 

505. What was the convention required to do after it met? 

506. What provision in the constitution was made necessary under this section? 

507. What provision was made necessary under this section? 

508. What provision was made 1 necessary under this section? 

509. What provision was made necessary under this section? 

510. What provision was made necessary under this section? 

511. What provision was made necessary under this section? 

514. How many congressmen are we entitled to under the enabling act? 

521. What sections of land are granted to the state, and for what purpose are 

they granted? 

522. What money is granted to the state under this section, and for what pur¬ 

pose is it granted? 

523. What lands are granted to the state under this section, and for what pur¬ 

pose are they granted? 

524. How are sections 13 and 33 to be disposed of? (See also section 527.) 

525. What may be done with school lands containing minerals? 

526. What disposition may be made of sections 16 and 36? 

529. What public lands are granted to the state, and for what purpose are they 
granted ? 

539. What condition was made a prerequisite to statehood? 


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